What if the other driver doesn't have insurance?

You may have uninsured/underinsured motorist (UM/UIM) coverage on your own policy. Check your policy — this coverage can be critical when the at-fault driver has inadequate or no insurance.

Should I talk to the other driver's insurance company?

Be cautious. Anything you say — especially recorded statements — can be used to argue fault. Under North Dakota's modified comparative fault (50% bar) rule [§ 32-03.2-02], even partial fault can reduce your recovery.

How long do I have to file?

6 years from the date of the accident [§ 28-01-16]. But you should initiate insurance claims promptly — waiting too long can make it harder to preserve evidence and prove your case.

Should I accept the insurance company's first offer?

Usually no. First offers may not reflect the claim's full value. Do not settle until you understand the full scope of your injuries — some injuries take time to fully manifest.

Topic guideUpdated 2026-02-27

North Dakota Car Accident Claims — What to Do Next

Q: What are North Dakota's minimum insurance requirements?

25/50/25 with $30,000 PIP (no-fault state) [§ 39-16.1-11; 26.1-41-01]: this represents per-person bodily injury / per-accident bodily injury / property damage liability minimums. These amounts may not cover serious injuries.

Insurance minimums, fault rules, and what drives the outcome of auto accident injury claims in North Dakota.

Car accidents are the most common source of personal injury claims in North Dakota. Whether the claim succeeds — and what it is worth — depends on North Dakota's specific fault rules, insurance framework, and the evidence you preserve from the earliest moments after the crash.

How North Dakota's fault rule shapes car accident claims

North Dakota follows modified comparative fault §32-03.2-02 — damages are reduced by your percentage of fault, but if you are 50% or more at fault, you recover nothing.

⚠If the insurance company can argue you were 50% or more at fault, you recover nothing. Avoid admitting fault, apologizing, or speculating — at the scene or to an adjuster.

Plaintiff barred if fault is as great as or greater than defendant's combined fault (50%+). Damages reduced proportionally below that threshold. NDCC § 32-03.2-02.

Fault systems compared

	System	How It Works
Pure contributory negligence	Any fault by plaintiff bars recovery	Cannot recover if even 1% at fault
Pure comparative fault	Damages reduced by plaintiff's fault percentage	Can recover even at 99% fault
Modified (50% bar)	Barred if 50% or more at fault	Can recover up to 49% fault
Modified (51% bar)	Barred if 51% or more at fault	Can recover up to 50% fault

North Dakota follows the Modified comparative fault (50% bar) system §32-03.2-02.

North Dakota auto insurance requirements §39-16.1-11; §26.1-41-01

North Dakota requires minimum liability coverage of 25/50/25 with $30,000 PIP (no-fault state) (per-person bodily injury / per-accident bodily injury / property damage) §39-16.1-11; §26.1-41-01. These minimums may not cover serious injuries.

Additional coverage that matters

Uninsured motorist (UM) — covers your injuries when the at-fault driver has no insurance at all
Underinsured motorist (UIM) — covers the gap when the at-fault driver's limits are insufficient for your damages
Medical payments (MedPay) — pays your medical bills regardless of fault, up to policy limits
Personal injury protection (PIP) — if available in your policy, covers medical and sometimes lost wages regardless of fault

✓Review your own auto policy now. UM/UIM coverage provides critical protection against accidents involving uninsured or underinsured drivers.

What to do after a car accident

Call 911 and get medical attention

Even if injuries seem minor, get checked. Adrenaline masks symptoms, and head injuries, soft tissue damage, and internal bleeding may not be apparent immediately.

Document the scene

Photograph vehicle damage, road conditions, traffic signals, skid marks, injuries, and license plates. Get names and contact information from witnesses.

File a police report

An official accident report creates a contemporaneous record that is hard to dispute later. Some jurisdictions require it for accidents involving injury.

Notify your insurer

Report the accident to your own insurance company promptly. Your policy likely requires timely notification.

Follow through on medical care

Consistent treatment is essential for both health and the claim. Gaps in treatment are routinely used to argue injuries are minor or unrelated to the accident.

Evidence that determines the outcome

Police report and accident reconstruction — establishes the facts of the collision
Medical records from first treatment through completion — links injuries directly to the accident
Photos and video — dashcam, surveillance, and scene photos are often the strongest evidence
Witness statements — independent witnesses carry significant weight on disputed fault
Repair estimates and total loss documentation — vehicle damage correlates with injury severity
Pay stubs and tax returns — document wage loss and reduced earning capacity

The insurance claims process

Investigation

The insurance company reviews the police report, medical records, photos, and witness statements. They assign an adjuster to evaluate your claim.

Medical treatment plateau

Wait until you reach maximum medical improvement (MMI) — the point where further treatment will not significantly change your condition. Settling before MMI often means accepting less than the claim is worth.

Demand package

You or your attorney compile a demand letter with all supporting documentation: medical bills, records, lost wage proof, photos, and a narrative of the impact on your life.

Negotiation

The insurer responds with an offer, typically below the demand. Negotiation follows, often through multiple rounds.

Resolution

If settlement is reached, you sign a release. If not, filing a lawsuit within the 6-year Statute of limitations §28-01-16 preserves the claim for trial.

Common injuries and their impact on claim value

Whiplash and soft tissue injuries — common but often disputed by insurers; consistent treatment and imaging support the claim
Herniated discs and spinal injuries — may require surgery and ongoing treatment; significantly increase claim value
Traumatic brain injury (TBI) — even "mild" TBIs can cause lasting cognitive, emotional, and functional effects
Broken bones and orthopedic injuries — objective, well-documented, and often lead to fair valuations
PTSD and anxiety — psychological injuries from accidents are real and compensable, though harder to prove

Deadline to file §28-01-16

The statute of limitations for car accident injury claims is 6 years from the date of the accident. Six years for personal injury. Medical malpractice: 2 years (§28-01-18). Insurance claims should be initiated promptly, but do not accept a quick settlement before understanding the full extent of injuries.

⚠Do not sign any release or accept any settlement from the other driver's insurance company until you understand the full scope of your injuries and what your claim is worth. A release is permanent — once signed, you cannot reopen the claim.

Prepare for Your Consultation

Quick checklist (Personal Injury)

Gather what you can early. Evidence disappears and memories fade.

Medical records

& treatment timeline

Photos & evidence

scene, injuries, damage

Insurance information

yours & theirs

General preparation tips only. Deadlines and requirements vary by state.

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