Short answer: North Dakota requires $30,000 per person of basic no-fault coverage, also called personal injury protection (PIP), which pays medical bills and lost income regardless of fault. Every policy also needs 25/50/25 liability and 25/50 uninsured and underinsured motorist coverage. You can sue for pain and suffering only after a "serious injury."
The required package
The North Dakota Insurance Department lists the minimums for every vehicle registered and operated in the state:
| Coverage | Minimum |
|---|---|
| Bodily injury liability | $25,000 per person / $50,000 per accident |
| Property damage liability | $25,000 per accident |
| Uninsured motorist | $25,000 per person / $50,000 per accident |
| Underinsured motorist | Must equal your uninsured motorist coverage |
| Basic no-fault (PIP) | $30,000 per person |
Two details from the Department: property damage liability also covers a car you rent for short-term personal use, and neither no-fault nor uninsured motorist coverage pays for damage to your own vehicle. That takes collision or comprehensive.
What basic no-fault pays
North Dakota's no-fault law, N.D.C.C. chapter 26.1-41, defines basic no-fault benefits as payment for economic loss from an accidental injury, up to $30,000 per person per accident. Within that total:
- Work loss is capped at $150 a week. The statute defines work loss as 85% of the income you lose.
- Survivors' income loss is also capped at $150 a week.
- Funeral, cremation and burial is capped at $3,500.
PIP doesn't pay for pain and suffering; the lawsuit rules below govern that.
Who is covered
Under §26.1-41-06, the insurer of a secured vehicle pays benefits, without regard to fault, for injuries to:
- The owner and the owner's relatives, while in any motor vehicle or when struck as pedestrians, in the U.S. or Canada.
- Anyone else riding in the insured vehicle.
- Pedestrians in North Dakota struck by the insured vehicle.
Under §26.1-41-07, benefits aren't payable to someone in a vehicle without the owner's consent, or in their own uninsured vehicle, among other exclusions.
The serious injury threshold
No-fault limits lawsuits. Under §26.1-41-08, a secured person is exempt from paying damages for noneconomic loss unless the injury is a serious injury, and for economic loss to the extent PIP pays or will pay it.
The law (§26.1-41-01) defines a serious injury as one that results in:
- death,
- dismemberment,
- serious and permanent disfigurement, or disability lasting more than 60 days, or
- medical expenses over $2,500.
Even past that line, fault matters: under N.D.C.C. §32-03.2-02, you're barred if your fault is as great as the combined fault of everyone else, and any award is reduced by your share.
How quickly PIP must pay
Section 26.1-41-09 sets the clock:
- Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the loss and its amount, and overdue payments carry interest.
- Neither you nor the insurer has to pay for services billed more than 180 days after treatment.
UM and UIM above the minimum
Under N.D.C.C. chapter 26.1-40, uninsured motorist coverage starts at 25/50, and underinsured coverage must match it. The Department notes insurers offer higher liability, UM, UIM and no-fault limits as options.
Penalties for driving uninsured
N.D.C.C. §39-08-20 lays out the consequences:
- Show proof when stopped, on paper or electronically. If you can later show the prosecutor that a valid policy was in effect, you won't be found in violation.
- Buying a policy after the stop doesn't cure it. A policy acquired after the time you drove uninsured doesn't count.
- One year of proof on file with the Department of Transportation, or your driving privileges are suspended.
- A marked license. You must buy a duplicate license noting the proof requirement for $50, and pay another $50 to remove the notation.
- Second or later violation: the court impounds your plates until you show proof of insurance and pay a $20 fee.
And under §39-08-20.1, a driver who causes damage while uninsured must, at minimum, be ordered to pay the other person's insurance deductible.
Bottom line
In North Dakota, your own PIP pays the first $30,000 of economic loss, and lawsuits for pain and suffering wait for a serious injury. Compare states with our car insurance minimums by state table.
Contact Alishahi Insurance or call (877) 711-4545. Visit insurance in North Dakota and auto insurance.
Frequently asked questions
Is North Dakota a no-fault state?
Yes. Every policy includes $30,000 per person of basic no-fault coverage that pays economic loss regardless of fault.
What is the minimum car insurance in North Dakota?
25/50/25 liability, 25/50 uninsured motorist, matching underinsured motorist coverage, and $30,000 of basic no-fault.
When can you sue after a car accident in North Dakota?
For noneconomic damages, only after a serious injury, such as disability beyond 60 days or medical expenses over $2,500.
Does North Dakota no-fault pay for car damage?
No. Neither no-fault nor uninsured motorist coverage pays for your vehicle. You need collision or comprehensive.
What happens if you drive uninsured in North Dakota?
You must keep proof on file for a year and buy a marked license for $50. A repeat offense means impounded plates.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.