In order to register and drive a vehicle in North Dakota, you must carry these minimum amounts of insurance on it:
Those are the car insurance coverage basics in North Dakota. Now let's look at the details.
Yes. North Dakota is one of a dozen or so states that have legislated some form of a "no-fault" car insurance system. That means, when you're injured in a car accident, your own basic no-fault (also called "personal injury protection" or "PIP") coverage pays for your medical bills and certain other out-of-pocket losses, regardless of who caused the accident.
In North Dakota, PIP benefits are available to anyone covered under the policy (directly or indirectly), including:
When a no-fault/PIP claim is filed by a covered individual after a car accident in North Dakota, that person is entitled to up to $30,000 to cover "economic losses" arising from the crash, including:
A key thing to understand about a no-fault/PIP claim is that you can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident. You're limited to compensation for your medical bills and other economic losses (unless you can step outside of the no-fault system; more on this a little later).
No. No-fault/PIP only applies to injuries caused by car accidents, and certain out-of-pocket losses stemming from those injuries. It has no bearing on vehicle damage claims. You can hold the at-fault driver liable for damage to (or total loss of) a vehicle after a car accident in North Dakota, with no limitations.
Yes. In order to step outside of North Dakota's no-fault car insurance system and pursue a case directly against the driver who caused the underlying accident, your claim must meet the thresholds set by state law. That means, as a result of the car accident:
If you meet one or both of these requirements, you have the right to hold the at-fault driver responsible for the accident by filing a third-party car insurance claim or personal injury lawsuit, and that means you can pursue compensation for all categories of losses, including pain and suffering and all other available non-economic damages (which, again, aren't available in a no-fault/PIP claim).
As we touched on at the top of this article, North Dakota requires liability car insurance coverage in addition to no-fault. This kind of insurance covers injuries, vehicle damage, "pain and suffering," and other kinds of losses suffered by others in a car accident you (or anyone covered under your policy) cause. Your own liability insurance never covers your injuries or vehicle damage after a crash.
Keep in mind that, if you're found responsible for causing a car accident, and other people's losses exceed the liability limits of your car insurance policy, you could be personally responsible for making up the difference out of your own assets. Learn more about what happens if you're in a car accident and you're uninsured.
Driving without liability insurance is a crime (classified as a class B misdemeanor in North Dakota), punishable by a fine of at least $150. If you're caught driving without insurance you'll probably also need to file an SR-22 with the State Drivers License Division of the North Dakota Department of Transportation. This document shows proof of your financial responsibility if you end up causing an accident.
Another penalty for driving without insurance in North Dakota relates to the legal remedies available to you if you're injured in a car accident.
North Dakota's "no pay, no play" law says that if you're injured in an accident while you're driving without insurance, you're barred from recovering "non-economic" damages from the at-fault driver if you have at least one past conviction for uninsured driving. (North Dakota Century Code section 26.1-41-20.)
Since non-economic damages include your physical and mental "pain and suffering," it's a big deal to have this kind of compensation taken off the table after a car accident, especially if your injuries are serious.
Get more details on North Dakota car accident laws that might come into play after a crash. And if you've been involved in a car accident, especially if your injuries are serious, you might need help that's tailored to your specific situation. Learn more about how an attorney can help with your car accident case.