Accident Settlement Calculator

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North Dakota Car Accident Settlement Calculator

In North Dakota, you generally have 6 years to file an injury lawsuit, you recover nothing at 50% fault or more, and drivers must carry at least $25,000/$50,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a North Dakota claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

North Dakota rules in 30 seconds

If you were partly at faultYou get nothing if you are 50% or more at fault
Details & exceptions

North Dakota uses modified comparative fault: an injured person's fault does not bar recovery unless it is as great as the combined fault of all other persons who contributed to the injury. So a person who is 49 percent or less at fault recovers damages reduced by their percentage of fault, and a person who is 50 percent or more at fault recovers nothing. Liability among defendants is several only, except for persons acting in concert (N.D.C.C. 32-03.2-02). A special rule in 32-03.2-02.1 lets a driver recover small vehicle property damage claims (up to $5,000 direct and $1,000 indirect) without reduction when the other driver is more than 50 percent at fault.

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Deadline to file a lawsuit6 years from the accident
Details & exceptions

N.D.C.C. 28-01-16(5): 6 years for 'any other injury to the person or rights of another not arising upon contract'. 28-01-16(4): 6 years for 'injuring any goods or chattels'. Wrongful death: 2 years from the date of death (28-01-18(4)). Claims against political subdivisions: suit within 3 years (32-12.1-10(1)). Claims against the State: written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered, or within 1 year for a 'serious injury' (32-12.2-04(1)). Liability of the State and of political subdivisions is capped at $500,000 per person and $2,000,000 per occurrence (32-12.2-02(2), 32-12.1-03(2)).

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $25,000. N.D.C.C. 39-16.1-11(2)(b): $25,000 bodily injury or death of one person, $50,000 for two or more persons, and $25,000 property damage per accident. Owners must continuously maintain security for basic no-fault benefits and for liability coverage (26.1-41-02(1)). The code PDFs read on 2026-11-13 were generated June 2025, after the 2025 session (the Legislative Assembly next meets in 2027). The amendment history that would show when these amounts took effect is not printed in the code PDFs.

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Who pays your medical billsYour own PIP insurance first (at least $30,000)
Details & exceptions

A secured person is exempt from liability for noneconomic loss unless the injury is a 'serious injury', and for economic loss to the extent basic no-fault benefits are paid or payable (N.D.C.C. 26.1-41-08(1)). 'Serious injury' means an accidental bodily injury that results in death, dismemberment, serious and permanent disfigurement or disability beyond 60 days, or medical expenses over $2,500 (26.1-41-01(21)). Basic no-fault benefits are capped at $30,000 per person per accident, with sub-limits of $150 per week for work loss or survivors' income loss and $3,500 for funeral expenses (26.1-41-01(2)). Under 26.1-41-20, a person who has a prior unrelated uninsured-driving conviction (39-08-20) and was driving their own uninsured vehicle cannot recover noneconomic damages even for a serious injury.

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Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages for ordinary auto injury claims was found. N.D.C.C. ch. 32-03.2 defines economic and noneconomic damages (32-03.2-04) and requires separate findings (32-03.2-05). Courts may review economic damage awards over $250,000 for reasonableness (32-03.2-08), and collateral-source reductions apply to economic damages (32-03.2-06), but the chapter sets no dollar limit on noneconomic damages. Claims against the State and political subdivisions are capped at $500,000 per person / $2,000,000 per occurrence in total damages (32-12.2-02(2), 32-12.1-03(2)). Separately, the no-fault threshold bars noneconomic damages unless the injury is a 'serious injury' (see no_fault).

Uninsured motorist coverageRequired
Details & exceptions

N.D.C.C. 26.1-40-15.2(1): no motor vehicle liability policy may be issued for a vehicle registered and principally garaged in North Dakota unless it includes uninsured motorist coverage at the 39-16.1-11 limits (25/50). Higher UM limits must be made available on request. 26.1-40-15.3(1): the insurer 'shall also provide' underinsured motorist coverage at limits equal to the UM limits. Neither section provides a written rejection option.

Worked example: a typical North Dakota car accident claim

Another driver turned left into you at an intersection in North Dakota: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$0North Dakota uses no fault insurance. Your own coverage pays up to $20,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$20,000 – $40,000Economic + pain and suffering.
  5. After your share of fault$16,000 – $32,000North Dakota uses modified comparative negligence (50% bar): you recover nothing if you are 50% or more at fault; otherwise recovery is reduced by your 20%.
  6. Limited by available insurance$16,000 – $32,000At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$9,720 – $20,440Minus attorney fee (33%), case costs and medical liens.

You would take home about $15,080 ($9,720 – $20,440), after the 33% fee and $1,000 in case costs, on top of the $20,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in North Dakota

The 6-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road180 days (State) / 1 year if serious injury

For a claim against the State, give written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered (1 year for a serious injury). Claims against cities and counties need no notice but must be sued within 3 years.

N.D.C.C. 32-12.2-04, notice required (North Dakota Legislative Branch, PDF)N.D.C.C. 32-12.1-10, political subdivisions statute of limitations (North Dakota Legislative Branch, PDF)

If the injured person is a child

Being under 18 pauses the clock, but never more than 1 year past the 18th birthday, so a child has until the later of 6 years after the crash or age 19.

N.D.C.C. 28-01-25, disabilities extend limitations (North Dakota Legislative Branch, PDF)

How fast a North Dakota insurer must respond

North Dakota's unfair claim settlement law sets no day limits: insurers must acknowledge claim communications 'with reasonable promptness', affirm or deny 'within a reasonable time' after proof of loss, and try in good faith to settle when liability is clear.

N.D.C.C. 26.1-04-03(9), unfair claim settlement practices (North Dakota Legislative Branch, PDF)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a North Dakota crash

How no-fault insurance affects a North Dakota claim

In North Dakota, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in North Dakota?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a North Dakota claim against the other driver is worth about $24,000, and the injured person takes home about $15,080 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in North Dakota.
Is North Dakota an at-fault or no-fault state for car accidents?
North Dakota's car insurance system: No-fault. A secured person is exempt from liability for noneconomic loss unless the injury is a 'serious injury', and for economic loss to the extent basic no-fault benefits are paid or payable (N.D.C.C. 26.1-41-08(1)). 'Serious injury' means an accidental bodily injury that results in death, dismemberment, serious and permanent disfigurement or disability beyond 60 days, or medical expenses over $2,500 (26.1-41-01(21)). Basic no-fault benefits are capped at $30,000 per person per accident, with sub-limits of $150 per week for work loss or survivors' income loss and $3,500 for funeral expenses (26.1-41-01(2)). Under 26.1-41-20, a person who has a prior unrelated uninsured-driving conviction (39-08-20) and was driving their own uninsured vehicle cannot recover noneconomic damages even for a serious injury.
Is there a cap on pain and suffering in North Dakota car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages for ordinary auto injury claims was found. N.D.C.C. ch. 32-03.2 defines economic and noneconomic damages (32-03.2-04) and requires separate findings (32-03.2-05). Courts may review economic damage awards over $250,000 for reasonableness (32-03.2-08), and collateral-source reductions apply to economic damages (32-03.2-06), but the chapter sets no dollar limit on noneconomic damages. Claims against the State and political subdivisions are capped at $500,000 per person / $2,000,000 per occurrence in total damages (32-12.2-02(2), 32-12.1-03(2)). Separately, the no-fault threshold bars noneconomic damages unless the injury is a 'serious injury' (see no_fault).
What happens if I was partly at fault for an accident in North Dakota?
North Dakota follows modified comparative negligence with a 50% bar: you recover nothing if you are 50% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in North Dakota?
Generally 6 years for personal injury and 6 years for property damage. N.D.C.C. 28-01-16(5): 6 years for 'any other injury to the person or rights of another not arising upon contract'. 28-01-16(4): 6 years for 'injuring any goods or chattels'. Wrongful death: 2 years from the date of death (28-01-18(4)). Claims against political subdivisions: suit within 3 years (32-12.1-10(1)). Claims against the State: written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered, or within 1 year for a 'serious injury' (32-12.2-04(1)). Liability of the State and of political subdivisions is capped at $500,000 per person and $2,000,000 per occurrence (32-12.2-02(2), 32-12.1-03(2)).
What is the minimum car insurance in North Dakota?
$25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. N.D.C.C. 39-16.1-11(2)(b): $25,000 bodily injury or death of one person, $50,000 for two or more persons, and $25,000 property damage per accident. Owners must continuously maintain security for basic no-fault benefits and for liability coverage (26.1-41-02(1)). The code PDFs read on 2026-11-13 were generated June 2025, after the 2025 session (the Legislative Assembly next meets in 2027). The amendment history that would show when these amounts took effect is not printed in the code PDFs.
What is the deadline to file a claim against the government in North Dakota?
180 days (State) / 1 year if serious injury. For a claim against the State, give written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered (1 year for a serious injury). Claims against cities and counties need no notice but must be sued within 3 years.
How long does an insurance company have to respond to a claim in North Dakota?
North Dakota's unfair claim settlement law sets no day limits: insurers must acknowledge claim communications 'with reasonable promptness', affirm or deny 'within a reasonable time' after proof of loss, and try in good faith to settle when liability is clear.

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