Car Accident Claims in North Dakota

The driver of a vehicle in a crash causing injury or death, or apparent property damage of at least $4,000, must immediately notify the local police department (inside a city) or otherwise the county sheriff or the State Highway Patrol. The driver must give the investigating officer their insurance carrier and policy number (or the owner's). The fine for not giving notice is $50, and the license can be suspended until the duties are met. A crash with a wild animal that damages only the driver's own vehicle is exempt. If the driver is physically unable, a capable passenger must give the notice.

The investigating law enforcement officer must promptly send a crash report to the Department of Transportation director electronically. A driver who did not have insurance information to give the investigating officer must provide it to the driver's license division within 5 days of the crash. If the driver is incapacitated and is not the owner, the owner must give the notice and insurance information within 5 days of learning of the crash.

A driver in a crash causing injury or death must stop at or return to the scene and stay until they have given their name and address, their and the owner's insurance carrier, and the vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for medical treatment). Failing to do so in an injury crash is a class A misdemeanor; negligently failing in a crash with serious personal injury is a class C felony, and with a death, a class B felony; the license is revoked on conviction. Failing to stop and meet these duties in a property-damage-only vehicle crash is a class B misdemeanor. A driver who hits an unattended vehicle must find the owner or leave a written note with names, addresses, insurance carrier and how it happened; violating that is a class A misdemeanor.

North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. An injured person can sue an insured driver for noneconomic loss (such as pain and suffering) only for a "serious injury," which includes death, serious permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500.

Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert.

Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander.

Six years for an action for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property.