What to do after a car accident in North Dakota
Every rule below is quoted from North Dakota law or a state agency, with a link. Checked September 17, 2026.
No fault state
The short answer
North Dakota is a no fault state. Every driver's own insurance pays basic medical bills and lost wages after a crash no matter who caused it, and you can only sue the other driver for pain and suffering if your injury meets the serious injury definition. You must give notice of a crash right away to local police if it happens in a city, or to the county sheriff or state highway patrol otherwise, if anyone is injured or killed, or if property damage is at least $4,000. You have 6 years from the crash to file a lawsuit for your injuries. This is longer than most states.
Deadlines in North Dakota
- 6 years
- to sue for injuriesN.D.C.C. 28-01-16(5)
- 6 years
- to sue for car or property damageN.D.C.C. 28-01-16(4)
- 2 years
- for a family to sue after a deathN.D.C.C. 28-01-18(4)
- 180 days (1 year for serious injury)
- to notify the government if a public vehicle or road was involvedN.D.C.C. 32-12.2-04
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
You must stop right at the scene, or as close as possible, and stay there until you have given your name, address, and insurance information to the other driver or a police officer, and given reasonable help to anyone injured, including arranging a ride to get medical care if needed.
“shall give the driver's name and address, and the name of the motor vehicle insurance policy carrier of the driver and owner, as well as the registration number, of the vehicle... and shall render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon, or hospital”
When you must call the police
You must give notice of a crash right away to local police if it happens in a city, or to the county sheriff or state highway patrol otherwise, if anyone is injured or killed, or if property damage is at least $4,000.
“The driver of a vehicle involved in an accident resulting in injury to or death of any individual, or property damage to an apparent extent of at least four thousand dollars, shall immediately give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the state highway patrol.”
In the days after
Whether you must file a report yourself
North Dakota does not appear to have a separate written crash report form that the driver personally files with the state. Once notified, the investigating law enforcement officer is the one who must complete and send the official crash report to the Department of Transportation.
“Every law enforcement officer, who in the regular course of duty investigates a motor vehicle crash required to be reported as provided in section 39-08-09... shall make and promptly forward to the director a report of the crash in the format prescribed by the director.”
Getting a copy of the crash report
You can get a North Dakota crash report instantly online for $7 through the state's crash report purchase system. Mail-in requests are no longer accepted.
“Instant access to crash reports is available through an online request at https://ndcrash.primepublicsafety.com/ndcrash/ecommerce/ndcrash.jsp”
Who pays for the damage
North Dakota is a no fault state. Every driver's own insurance pays basic medical bills and lost wages after a crash no matter who caused it, and you can only sue the other driver for pain and suffering if your injury meets the serious injury definition.
“the secured person is exempt from liability to pay damages for: a. Noneconomic loss unless the injury is a serious injury.”
Insurance rules in North Dakota
What insurance every driver must carry
North Dakota drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage.
“twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and subject to said limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident”
Personal injury protection (PIP)
Yes. Every North Dakota auto policy must include basic no fault benefits covering up to $30,000 in combined economic loss per person per accident, including up to $150 a week in wage loss and up to $3,500 for funeral expenses.
“The maximum amount of basic no-fault benefits payable for all economic loss incurred and resulting from accidental bodily injury to any one person as the result of any one accident may not exceed thirty thousand dollars”
When you can sue the other driver
You can only sue the other driver for pain and suffering if your injury results in death, dismemberment, serious and permanent disfigurement or disability lasting more than 60 days, or medical expenses over $2,500.
“"Serious injury" means an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of two thousand five hundred dollars.”
If the other driver has no insurance
Uninsured motorist coverage is required on every North Dakota auto liability policy at the same minimum limits as liability coverage, and insurers must make higher limits available on request.
“No motor vehicle liability insurance policy may be delivered, issued for delivery, or renewed in this state with respect to any specifically insured or identified motor vehicle registered, licensed, and principally garaged in this state unless uninsured motorist coverage is provided therein or supplemental thereto”
Medical payments coverage
North Dakota does not have a separate medical payments coverage requirement. Basic no fault benefits cover medical expenses instead and are required on every policy.
“"Basic no-fault benefits" means benefits for economic loss resulting from accidental bodily injury.”
If an insurance company treats you unfairly
File a complaint against an insurance company online with the North Dakota Insurance Department using its Consumer Complaint form, or request a paper form by phone or email.
“To file a complaint, please complete the online Consumer Complaint form.”
The deadline rules, word for word
Deadline to sue for injuries
You have 6 years from the crash to file a lawsuit for your injuries. This is longer than most states.
“An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.”
Deadline to sue for car damage
You have 6 years to sue over damage to your vehicle or other property from the crash.
“An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.”
Deadline for a wrongful death claim
Family members have 2 years from the date of death to file a wrongful death lawsuit.
“An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured”
If a government vehicle or road was involved
If a North Dakota state vehicle or state employee was involved, you must present a written notice of claim within 180 days after the injury is discovered or reasonably should have been discovered, or within one year if it is a serious injury as defined by the no fault law.
“A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered or reasonably should have been discovered a written notice of the alleged claim”
Sources on this page
Each one was opened and checked on September 17, 2026.
- N.D.C.C. 26.1-41-08, Auto Accident Reparations Act
- N.D.C.C. 32-03.2-02
- N.D.C.C. 28-01-16(5)
- N.D.C.C. 32-12.2-04
- N.D.C.C. 39-08-09
- N.D.C.C. 39-16.1
- N.D.C.C. 26.1-40-15.2
- North Dakota State Highway Patrol, How do I obtain a crash report?
- ND Insurance Department
- North Dakota Rules of Professional Conduct, Rule 1.5
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.