North Dakota car accident statute of limitations and no-fault rules
The North Dakota car accident statute of limitations is six years. Call free to check yours.
North Dakota gives you six years to sue over a crash injury, one of the longest deadlines in the country, under Century Code 28-01-16. That long window hides a catch. This is a no-fault state, so your own insurer pays the first bills and a suit for pain and suffering needs a serious injury.
The deadlines in North Dakota
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Six years | N.D.C.C. 28-01-16(5) |
| Car or property damage lawsuit | Six years | N.D.C.C. 28-01-16(4) |
| Shared fault | Barred at 50 percent or more | N.D.C.C. 32-03.2-02 |
| No-fault benefits | Up to $30,000; serious injury needed to sue for pain | N.D.C.C. 26.1-41-01, 26.1-41-08 |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | N.D.C.C. 39-16.1-11 |
| Notice of a claim against the state | 180 days (one year for a serious injury) | N.D.C.C. 32-12.2-04 |
Six years is not the only North Dakota deadline
A death claim has just two years, counted from the date of death, under section 28-01-18. A claim against a state agency needs written notice within 180 days or one year for a serious injury, under section 32-12.2-04. A suit against a city or county must be filed within three years, under section 32-12.1-10.
For a child, the years before age 18 do not count. That extra time cannot run past one year after the 18th birthday, under section 28-01-25.
What no-fault means after a North Dakota crash
Your own policy pays basic no-fault benefits first, whoever caused the wreck. The cap is $30,000 per person and lost pay is limited to $150 a week, under section 26.1-41-01.
To sue the other driver for pain and suffering, you need a serious injury. That means death, a lost limb, serious lasting scars, disability past 60 days or medical bills over $2,500. Claims for your own benefits have a separate clock under section 26.1-41-19.
How blame is split in North Dakota
A jury sets a percentage of fault for each person. Your award shrinks by your share. If your share is as large as everyone else’s put together, you get nothing, under section 32-03.2-02. Each driver at fault pays only their own share, so one driver with no money can leave a gap.
When to call a North Dakota car accident lawyer
Six years tempts people to wait, but proof fades fast. Skid marks wash away and camera video gets erased. An attorney can also check early whether your medical bills cross the $2,500 line that opens a pain and suffering claim. The call is free and the lawyer is paid only if you win.
Other states: Minnesota, South Dakota, Montana or every state on one page.
North Dakota car accident statute of limitations questions
How long do I have to sue after a car accident in North Dakota?
Six years for injuries and for car damage, under section 28-01-16. A wrongful death claim has only two years.
Is North Dakota a no-fault state?
Yes. Your own insurer pays up to $30,000 in basic benefits and you need a serious injury to sue for pain and suffering.
What counts as a serious injury in North Dakota?
Death, a lost limb, serious lasting scars, disability beyond 60 days or more than $2,500 in medical bills, under section 26.1-41-01.
Before the clock runs out
In North Dakota, your bills and your injury decide what you can claim beyond no-fault benefits. Call before you sign a release and a lawyer will look at your offer and your dates free.
Call about my deadline(833) 716-6705
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