Is North Dakota a no-fault state?

Yes. Your own insurer pays basic no-fault benefits of up to $30,000 regardless of fault, and a secured person is exempt from noneconomic loss claims unless the injury is a serious injury (N.D.C.C. 26.1-41-01 and 26.1-41-08).

When can I sue for pain and suffering in North Dakota?

If your injury results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or your medical expenses exceed $2,500 (N.D.C.C. 26.1-41-01).

How much do North Dakota no-fault benefits pay?

Up to $30,000 per person, with work loss at 85 percent of lost income limited to $150 a week, replacement services up to $15 a day, and funeral expenses up to $3,500 (N.D.C.C. 26.1-41-01).

Can I recover economic loss above the no-fault limit?

The exemption covers economic loss only to the extent of basic no-fault benefits paid or payable, so economic loss beyond that is not exempted by the statute (N.D.C.C. 26.1-41-08).

How long do I have to sue?

Six years for an injury to the person not otherwise provided for (N.D.C.C. 28-01-16). Fault of 50 percent or more bars recovery against one other party (N.D.C.C. 32-03.2-02).

North Dakota No-Fault / PIP Threshold Calculator

North Dakota pays up to $30,000 of your medical expenses, lost income and replacement services through your own insurer, and lets you sue the at-fault driver for pain and suffering only if your medical expenses exceed $2,500 or your injury is a death, dismemberment, serious disfigurement or disability beyond sixty days. Enter your losses and injury to see what is paid and what you may still claim.

Cited to N.D.C.C. 26.1-41-01 and 26.1-41-08 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Estimate your benefits and threshold

Enter your losses, services, injury and fault.

Usual and customary medical expenses from the accident

Rehabilitation expenses

Income you lost per week because of the injury

Weeks you were unable to work

Total paid to people outside your household for replacement services

Number of days those services were needed

Does your injury meet one of the injury tests (besides the $2,500 medical test)?

Noneconomic damages (pain and suffering) you would claim if you may sue (your own figure)

Your own percentage of fault, if any (0 if none; 50 or more bars your claim against one other party)

Estimated result

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Estimate pain and suffering →

North Dakota pays up to $30,000 through your own insurer and lets you sue for pain and suffering past a $2,500 medical test or four injuries

North Dakota's no-fault rules are in N.D.C.C. 26.1-41-01 (the benefits and the serious injury definition) and 26.1-41-08 (the secured person exemption). Fault is in 32-03.2-02 and the deadline in 28-01-16.

Read what North Dakota no-fault benefits cover, what counts as a serious injury, and how the secured person exemption works. If the other driver has little insurance, see North Dakota UM/UIM stacking and North Dakota medical liens.

Injured in North Dakota?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a North Dakota attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited North Dakota statutes. Confirm how these rules apply to your specific case with a licensed North Dakota attorney.

North Dakota No-Fault / PIP Threshold Calculator

Estimate your benefits and threshold

North Dakota pays up to $30,000 through your own insurer and lets you sue for pain and suffering past a $2,500 medical test or four injuries

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