Is North Dakota a No-Fault State for Car Accidents?

In most states in America, if you’re in a car accident, you file a liability claim against the driver who caused your injuries in order to obtain compensation for your medical bills, lost wages, pain and suffering, and property damage. Liability means that another driver was negligent – that they sped, drove while drunk, drove while distracted – or were irresponsible in some other way.

The term “no-fault” means that you can receive compensation for your medical bills without proving another driver was negligent. You can even receive compensation if a car accident was due to your own negligence.

Who can claim no-fault benefits in North Dakota?

The following people can claim PIP (personal injury protection) benefits if a car accident happens in Minot, Fargo, Bismarck, or any place else in North Dakota:

• The policyholder – normally the owner of the vehicle.
• The spouse of the policyholder.
• Any relatives who live with the policyholder.
• Any person who drives the policyholder’s vehicle – with the permission of the policyholder.

What no-fault benefits can car accident victims receive in North Dakota?

Car owners and drivers in North Dakota are required to purchase personal injury protection (PIP) insurance. PIP insurance pays for all your medical bills including ER care, hospital stays, surgeries, doctor visits, rehabilitative therapy, and medications – up to the amount of the policy limits.

PIP insurance can also be used to pay for:

• The income you lose due to your injuries from a vehicle accident.
• The cost to pay someone to do your household work and other chores because your injuries prevent you from performing these tasks.
• The cost to pay someone for child care because you can’t care for your children due to your injuries.
• Funeral and burial expenses if a loved one died and some death benefits.

PIP insurance does not pay for the damage to your car. PIP insurance also doesn’t pay for your pain and suffering or any other non-economic damages such as scars or disfigurement or loss of bodily function.

Car owners are required to have PIP coverage in the amount of $30,000.  Just one night in a hospital can cost tens of thousands of dollars.

If you insure a motorcycle, PIP coverage has to be added separately– it is not automatic as it is with automobile insurance.

Can I sue for damages that PIP doesn’t cover?

In order to file a lawsuit for any medical bills or lost wages over and above your PIP coverage, North Dakota accident victims must meet a “threshold” standard. Victims who meet this threshold can also demand compensation for their pain and suffering, scarring and disfigurement, loss of bodily function, and loss of consortium (enjoyment of marital damages).

To meet the threshold standard, victims must show one of the following:

• The victim’s necessary medical bills due to the accident are more than $2,500.
• The victims suffered a “serious and permanent disfigurement or disability” that continued for more than 60 days.

Victims who do meet the threshold standard must still show that another driver caused their accident.

What are the liability insurance requirements in North Dakota?

According to the North Dakota Insurance Department, all car owners and drivers must purchase the following minimum insurance coverage:

• Bodily insurance coverage. Motor vehicles must be covered for $25,000 in bodily injury for one person who is injured in one accident and $50,000 if multiple people are injured in one accident.
• Property damage coverage. Motor vehicles must be covered for $25,000 for damage to another person’s vehicle when an accident occurs. This coverage pays another vehicle owner for the damage to their vehicle caused by the policyholder. The coverage pays for the cost to repair the vehicle unless the vehicle is totaled – in which event property damage coverage pays for the value of the damaged vehicle or the cost to replace that vehicle.
• Uninsured/underinsured coverage. This coverage pays for a victim’s damages if the driver who struck your car is uninsured or doesn’t have enough insurance coverage to pay the victim’s claim in full.

Drivers who drive without the minimum insurance (including no-fault/PIP coverage) can be charged with a crime. Drivers who drive without insurance and who have one prior conviction for driving without insurance are ineligible to file a liability claim.

Other types of vehicle insurance coverage

Car owners and drivers in North Dakota should consider buying the following types of insurance in addition to no-fault insurance and liability insurance:

• Collision damage insurance: This insurance pays for the damage (repair or replacement costs) to your car due to an accident – regardless of who is at fault.
• Comprehensive insurance: This coverage pays for damage to you due to non-collision causes such as theft, fire, hitting an animal, vandalism, and other causes.
• Gap insurance: This coverage pays the balance due to the company that loaned you the money to pay for your car after the loan company is paid the actual cash value of your car (if your car is totaled) through your collision insurance, comprehensive insurance, or liability claim.
• Towing insurance: This coverage pays for the cost to tow your vehicle after an accident – usually to a local repair shop.
• Accidental death and dismemberment coverage: This coverage provides compensation up to the policy limits regardless of fault.

At Larson Law Injury and Accident Lawyers, we’ve been fighting for accident victims for 45 years. We’ll help you file your PIP claim. Our Minot car accident lawyers will work to show you qualify to file a fault claim. Our team is skilled at showing why another driver should be held liable for any damages or for the death of a loved one.  Call our offices or complete our contact form to schedule a free consultation in Fargo, Minot, or Bismarck with our respected car accident lawyers. We’ve helped many accident victims like you obtain strong recoveries.