Does North Dakota Allow UM/UIM Stacking? What N.D.C.C. 26.1-40-15.4 Says

By the FigureMyTax Editorial Team · How we calculate

No. North Dakota statute says UM and UIM limits may not be added or stacked across vehicles or policies, sets an order of priority when more than one policy applies, and reduces damages payable by workers' compensation and no-fault or medical payments benefits.

The antistacking rule

Section 26.1-40-15.4 says the limit for UM or UIM may not be added to or stacked upon the limits for other vehicles to determine the coverage available in one accident, and that with more than one policy the most you may recover is the highest limit for any one vehicle under any one policy.

Reductions

Damages payable under UM or UIM are reduced by amounts paid or payable under workers' compensation or similar laws, excluding nonoccupational disability benefits, and by amounts paid or payable under valid motor vehicle medical payments, personal injury protection or similar coverage.

Required limits

UM must be provided in the limits of the financial responsibility act, $25,000 per person and $50,000 per accident (N.D.C.C. 39-16.1-11), with higher limits available on request, though an insurer need not provide limits above your liability limits or $100,000 per person and $300,000 per accident (26.1-40-15.2). UIM limits equal the UM limits (26.1-40-15.3).

Reimbursement

An insurer that pays is entitled to the proceeds of any settlement or judgment against the person responsible, or to subrogation (26.1-40-15.5). For UIM, it has no subrogation right against the underinsured driver if you gave written notice of a proposed settlement and it did not advance the settlement amount within 30 days. Give written notice before you settle.

How to use this

Compare the results in the North Dakota UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how North Dakota UM and UIM work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Dakota's rules apply to your specific case with a licensed North Dakota attorney.