If you’re in a car accident in North Dakota, you’re required to file a police report if anyone was killed or injured or if there are property damages of $4,000 or more. If you’re found to be less than 50% at fault, you’ll be able to claim damages proportionate to your degree of responsibility.

Any kind of car accident, even a minor one, is an upsetting experience. It’s easy to get flustered in the chaos and emotion of the moment, and you may not always be in the state of mind to make the best decisions. That’s why it’s a good idea to familiarize yourself with the laws and procedures surrounding car accidents before you have one, so you can handle the situation in the best manner possible.

If you’re not sure where to start,

car insurance

comparison app

Jerry

is here to give you a rundown on the car accident laws in North Dakota. We’ll cover accident reporting, financial responsibility, personal injury lawsuits, and what exactly “modified comparative fault'' means so you’ll feel informed and prepared in case of an auto accident. We'll even help you find the lowest

North Dakota car insurance costs

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What to do after a crash: North Dakota car accident reporting laws

The very first thing that you should

do after a car accident

is to check if everyone is okay. Move your vehicle to a safe location (if possible) and identify injuries of any kind. Call 911 immediately if you or anyone else needs medical attention.

After that, take a few moments to thoroughly document the crash and the events that led up to it—jot down your recollections and take plenty of pictures. If there was another driver involved, remember to exchange insurance information with them.

Then, depending on the nature of the accident, you may need to notify the following parties:

Law enforcement

Your insurance company

Let’s take a more in-depth look at the aspects of North Dakota laws that deal with accident reports.

When to report an accident to the police

In North Dakota, you are required to immediately notify the appropriate authorities and file a police report for any accident that results in bodily injury, death, or damages worth more than $4,000:

If the accident occurred on a public highway outside of a city, report it to the state highway patrol or county sheriff

If the accident took place within a municipality, you should report it to the local police department

If you are involved in an accident with an undomesticated animal that only results in minor damage to your vehicle, you don’t have to file a police report

Once the report has been filed, you can

request a copy

of it for your records and insurance purposes. If an officer is making the official report, you won’t need to report it to the North Dakota DMV.

MORE:

How long do you have to file a claim?

Financial responsibility and coverage minimums: North Dakota’s insurance laws

While we’re on the subject of insurance, what exactly are

North Dakota’s insurance laws

and coverage requirements?

North Dakota state law requires all drivers to purchase a minimum of 25/50/25 liability coverage. Here’s what that looks like:

$25,000 of

bodily injury liability

per person

$50,000 of bodily injury liability per accident

$25,000 of

property damage liability

per accident

Additionally, North Dakota requires all drivers to carry

uninsured/underinsured motorist coverage

in the amount of $25,000 per person and $50,000 per accident, as well as $30,000 per person in

personal injury protection

(PIP).

If you are found to have insufficient insurance (or aren’t able to provide proof of insurance when required to do so), it can result in a Class B misdemeanor and a fine of at least $150. You might also be required to file an

SR-22 in North Dakota

, which will result in a dramatic hike in your insurance premiums.

It’s worth noting that not every driver in North Dakota is insured. A 2019 study by the

Insurance Information Institute

found that about 13% of North Dakota drivers don’t carry car insurance. Fortunately, North Dakota is one of the states that requires uninsured/underinsured motorist coverage, so you’re protected to at least some extent.

MORE:

North Dakota reckless driving

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Claiming damages after an accident: North Dakota’s personal injury laws

Depending on the circumstances and outcome of an accident, you may want to go beyond an insurance claim and file a personal injury lawsuit to collect damages. Under

Chapter 32-03.2

of the North Dakota Century Code, you have the right to claim both economic and non-economic damages associated with a car accident.

Those include:

Economic damages: medical bills, lost wages, lost employment or business opportunities, loss of use of property, burial expenses

Non-economic damages: pain and suffering, mental suffering, inconvenience, humiliation

North Dakota has a statute of limitations on personal injury lawsuits stemming from most car accidents of six years per

Century Code Chapter 28-01

, but the limit varies by circumstance.

As mentioned, North Dakota is a state that has a mandatory PIP requirement. This policy will be useful in covering any additional damages or costs above and beyond what your insurance pays out. The statutes around North Dakota’s personal injury laws are involved (to say the least), so be sure to seek appropriate legal counsel if you feel you may have a case for a personal injury claim.

MORE:

Can I use health insurance to cover car accident injuries?

Who’s to blame: North Dakota’s modified comparative fault law

One of the biggest issues that follows any car accident is the question of who is at fault. For example, let’s say Jason runs a red light and hits Steve, who was making an illegal right on red.

Under North Dakota’s modified comparative fault law, only the party who is deemed less than 50% at fault can claim any damages in a car accident.

This means that if Steve is found to be 40% at fault and Jason is found to be 60% at fault, Jason will be responsible for 60% of Steve’s medical bills and vehicle repairs. But Jason cannot make any claims for his own damages, as he was found to be more than 50% at fault. As far as the remaining 40% of damages, Steve will have to cover those on his own.

The laws around who is responsible for what vary by state, but North Dakota is one of 11 that has a modified comparative fault structure. It bears mentioning that North Dakota has a few cities that sit right on the border between states, so make sure you know the laws where you are and where you’re headed.

MORE:

What happens if you’re deemed at fault in an accident without car insurance?

How to save money on car insurance in North Dakota

One of the first things people worry about when they are involved in a car accident is their insurance rate—and with good reason. Being in a car accident can

raise the cost of your insurance

anywhere from 35% to 80%. That's a big jump and can add a lot of stress to what’s already a pretty traumatic event.

But even if you’ve had an accident,

Jerry

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Just download the app for free and sit back as Jerry shops around for

cheap car insurance

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On average, folks who shop for insurance on the Jerry app save more than $800 a year, which can definitely go a long way toward repairing your car after an accident.

“
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