Uber and Lyft Accident Claims in North Dakota

While the driver is logged on to the app and available but has no ride, and also after accepting a ride until the passenger is on board, coverage must include primary liability of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus primary uninsured and underinsured motorist coverage and personal injury protection (no-fault). While a passenger is on board, primary liability coverage of $1 million for death, bodily injury and property damage is required, along with primary uninsured/underinsured motorist coverage and personal injury protection for drivers, passengers and pedestrians. The coverage may be provided by the driver, the company, or both, and the company must cover from the first dollar if the driver's policy does not.

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.