Question 1

Does North Dakota allow UM/UIM stacking?

Accepted Answer

No. By statute, regardless of the number of vehicles, persons covered, claims, or premiums paid, the UM or UIM limit may not be added to the limits for other vehicles to determine the coverage available in any one accident. If you are covered under more than one policy, you may recover no more than the highest limit for any one vehicle under any one policy (N.D.C.C. 26.1-40-15.4).

Question 2

Is UM and UIM coverage required in North Dakota?

Accepted Answer

Yes. UM must be provided in the financial responsibility limits, $25,000 per person and $50,000 per accident, and UIM at limits equal to the UM limits. Higher limits are available on request, but an insurer need not provide UM limits above your liability limits or $100,000 per person and $300,000 per accident, whichever is less (N.D.C.C. 26.1-40-15.2 and 15.3).

Question 3

How does UIM pay in North Dakota?

Accepted Answer

The maximum is the lower of the compensatory damages established but not recovered by any agreement, settlement or judgment with the liable party, or the coverage limit. Damages payable are reduced by workers' compensation and by medical payments, personal injury protection or similar benefits paid or payable (N.D.C.C. 26.1-40-15.3 and 15.4).

Question 4

What if I was partly at fault?

Accepted Answer

Your damages are reduced in proportion to your fault, but you are barred if your fault was as great as the combined fault of all other persons who contributed to the injury, so 50 percent bars the claim (N.D.C.C. 32-03.2-02).

Question 5

How long do I have to sue?

Accepted Answer

Most injury actions not otherwise provided for must be commenced within 6 years after the claim accrues (N.D.C.C. 28-01-16). Malpractice and wrongful death have shorter periods. The extension for a person under 18 cannot run longer than one year after the disability ends (28-01-25).

North Dakota UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

North Dakota bars UM/UIM stacking by statute and pays UIM as damages not yet recovered, up to your limit, after deducting no-fault and workers' compensation benefits

North Dakota UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

North Dakota bars UM/UIM stacking by statute and pays UIM as damages not yet recovered, up to your limit, after deducting no-fault and workers' compensation benefits

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