North Dakota Fault Rule
Modified Comparative Negligence (50% Bar) + Mandatory PIP ($30,000): North Dakota applies a 50% modified comparative negligence bar alongside mandatory No-Fault PIP ($30,000 basic reparations). Claimants must meet a $2,500 medical expense threshold or suffer serious permanent injury to sue for non-economic damages.
Statute of Limitations
6 Years (N.D.C.C. § 32-03.2-02, § 26.1-41-01 & § 28-01-16): Claimants must finalize settlement agreements or initiate formal civil actions within 6 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in North Dakota
When negotiating auto accident claims in North Dakota, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under North Dakota Century Code § 32-03.2-02, contributory fault does not bar recovery unless the fault is as great as the combined fault of all defendants (50% or greater bars recovery). Under N.D.C.C. § 26.1-41-08, injured individuals must first exhaust their $30,000 PIP coverage and surpass $2,500 in medical bills or suffer 60+ days disability before claiming pain and suffering. North Dakota allows a 6-year filing period under N.D.C.C. § 28-01-16. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.