What Happens If the Person at Fault in an Accident Has No Insurance in North Dakota?

North Dakota follows a hybrid no-fault auto insurance system. Under this model, drivers are required to carry Personal Injury Protection (PIP) coverage, which pays for medical expenses and lost wages after an accident, regardless of who was at fault. This no-fault provision facilitates quick compensation for immediate injuries without the need for litigation.

However, when injuries are severe or damages exceed statutory thresholds—such as medical costs above $2,500 or involving permanent disfigurement or disability—North Dakota law allows the injured party to pursue a fault-based claim against the responsible driver. If the at-fault party lacks insurance, the victim may initiate a civil lawsuit, but recovering compensation depends on whether the uninsured driver has sufficient assets or income to satisfy a judgment.

In such situations, victims may also rely on Uninsured Motorist (UM) coverage included in their own policy, which can help offset costs not covered by PIP.

Driving without insurance violates North Dakota Century Code § 39-08-20 and is classified under North Dakota traffic violations and infractions. Offenders face penalties including fines, license and registration suspension, and SR-22 filing requirements. Additionally, uninsured at-fault drivers are exposed to full personal liability for damages and injuries caused.

Is It Illegal To Drive Without Insurance In North Dakota?

Yes. According to North Dakota Century Code (NDCC) § 39-08-20, all drivers are legally mandated to maintain financial responsibility in the form of liability insurance, the state-mandated minimum financial responsibility. According to NDDC § 39-16.1, no resident can operate or knowingly allow a motor vehicle to be driven without a valid auto liability insurance policy. Drivers found in violation of the minimum requirement may face any or all of the following penalties:

• A Class B misdemeanor for a first offense, attracting fines between $150 and $1,000.
• Suspension of license pending submission of insurance proof
• Fines between $300 and $1,500 for a second offense
• Jail time of up to 30 days
• Impoundment of the vehicle license plates pending submission of insurance proof

What Is the Minimum Insurance Requirement in North Dakota?

The minimum requirements for Bodily Injury (BI) and Property Damage (PD), often referred to as the 25/50/25 coverage, include:

• $25,000 per person bodily injury or death
• $50,000 per crash bodily injury or death
• $25,000 property damage

NDCC §§ 26.1-40-15.2 and 15.3 mandate the following Uninsured/Underinsured Motorist (UM/UIM) Bodily Injury coverages:

• Uninsured Motorist (UM): Minimum of $25,000 per person or $50,000 per accident.
• Underinsured Motorist (UIM) coverage: Minimum of $25 000 per person or $50,000 per accident.

UM and UIM coverages are legally required in North Dakota; coverage cannot be waived.

Personal Injury Protection (PIP) – Basic No-Fault: Following North Dakota's no-fault system, drivers are required to meet the mandatory minimum requirement of $30,000 per person PIP coverage, including medical, wage-loss, and rehab.

There is no separate MedPay requirement in North Dakota, as the PIP fulfills that function.

What To Do After A Car Accident With an Uninsured Driver in North Dakota

After being involved in a car crash with an uninsured driver in North Dakota, the victim is advised to follow these steps to maximize compensation:

Report the Crash Immediately

In North Dakota, if an accident results in injury, death, or property damage of $4,000 or more, NDCC § 39-08-09 mandates immediate reporting. Both parties involved must call law enforcement officers to the scene, who will then file a formal report. This report, known as the North Dakota Crash Report (DOT 2356), is submitted to the North Dakota Department of Transportation (NDDOT) and is vital for insurance, legal documentation, and DMV purposes.

Notify Insurer

After reporting to law enforcement, a car crash victim should also notify their insurance company as fast as possible that the at-fault driver was uninsured. This typically activates the victim's Uninsured Motorist (UM) coverage, which is required by law in North Dakota. UM insurance typically covers medical bills, lost wages, pain and suffering, and funeral costs, as applicable.

Consider a Civil Lawsuit

Oftentimes, damage may exceed the UM policy or the victim may lack coverage. In such circumstances, the best course of action may be to sue the uninsured driver. A civil suit can help recover medical expenses, vehicle repair or replacement, lost income, and non-economic damages like pain and suffering. However, financial recovery may be limited if the at-fault driver has no assets or income, which is a common problem among uninsured motorists.

Consider Other Coverages

Regardless of who was at fault, possessing collision insurance may help with vehicle repairs. Interested parties can also explore either of the following:

• Medical payments (MedPay) coverage, which is optional in North Dakota
• Personal Injury Protection (PIP), which covers up to $30,000 regardless of fault
• Umbrella insurance

What Happens If You Have No Insurance But The Other Driver Was At Fault?

An uninsured driver is still guilty of violating the law even if they did not cause the accident. Consequently, they may face administrative penalties, such as fines, suspension of license and registration, and the requirement to file SR-22.

According to NDCC § 26.1-41-20, even though an uninsured driver may recover economic damages, like medical bills or lost wages, from the at-fault driver, the law prohibits them from recovering non-economic damages if they have one prior uninsured driving conviction. There are, however, unique exceptions to this law, including the following:

• The injury qualifies as a serious injury, activating the statutory allowances under § 26.1-41-08.
• The at-fault driver acted recklessly or intentionally with gross negligence.

Can I Sue an Uninsured Driver in North Dakota?

Yes. North Dakota supports victims suing uninsured at-fault drivers to receive economic damages, like medical expenses, lost wages, and vehicle repairs under NDCC §§ 32-03.2-02 and 32-03.2-06.

Claims of up to $15,000 can be processed through small claims courts in North Dakota, while the district court hears larger claims, including those involving non-economic damages.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in North Dakota?

Yes. In North Dakota, uninsured/underinsured motorist coverage typically compensates for bodily injuries caused by uninsured drivers. On the other hand, personal injury protection (PIP) covers medical costs and wage losses regardless of fault. Additionally, collision coverage may cover vehicle damage.

What Is Uninsured Motorist Coverage in North Dakota?

Uninsured motorist coverage is designed to protect a driver without insurance or sufficient coverage. This coverage applies in hit-and-run cases or when the at-fault driver cannot pay the damages. In North Dakota, all insurers are mandated to offer UM/UIM coverage in at least the same limits as bodily injury liability amounts. UM coverage does not cover vehicle damage.

What If I Don't Have Uninsured Motorist Coverage in North Dakota?

Motorists without uninsured motorist coverage involved in an accident with an uninsured driver in North Dakota have several options to pursue compensation:

• Sue the at-fault driver: In North Dakota, victims of accidents caused by uninsured drivers have the legal right to sue the at-fault driver directly. This can be done through a civil claim in the small claims or district court, depending on the amount of damages being sought. Should the court award damages and the driver fail to pay, the collections process may be initiated.
• Request suspension of license for non-payment of judgment: If a civil judgment remains unpaid after 30 days, the victim can ask NDDOT to suspend the at-fault party's license by submitting a certified copy of the judgment.
• Apply for victim compensation: For accidents involving a criminal offense, such as DUI or hit-and-run, victims may be eligible for assistance from the North Dakota Crime Victims Compensation Fund. This fund may reimburse medical expenses and other qualifying losses when no other compensation is available.

How Do I Get Compensation from an Uninsured Driver in North Dakota?

Following a crash with an uninsured driver in North Dakota, the victim can file a civil lawsuit to recover damages, which the defendant is required to answer within 21 days (North Dakota Rule of Civil Procedure 12(a)(1)(A)). If the defendant fails to respond, the victim can seek a default judgment under Rule 55. If the defendant previously appeared or was served by publication, the court will give them a 14-day notice before activating a default judgment.

If damages are not for a fixed amount, the court may require a hearing to assess the amount owed. Once a judgment is entered and remains unpaid for 30 days, the victim can request that the North Dakota Department of Transportation suspend the defendant's license. Court judgments may also be enforced through wage garnishments or by execution and levy. Per NDCC § 28-20-21, most civil judgments stay valid for 10 years and can be renewed once.

How Much Can You Recover From an Uninsured At-Fault Driver in North Dakota?

Victims injured by an uninsured at-fault driver have the right to seek full compensation for economic and non-economic damages. Nonetheless, even though the law grants victims this right to claim, the amount recoverable depends on the at-fault party's financial resources or whether alternative remedies could be explored.

North Dakota limits recoverable damages to $15,000 in small claims court; higher claims are filed in the district court. Once a judgment is awarded, it accrues interest annually per NDCC § 28-20-34.

How To Find Out If the At-Fault Driver Has Insurance in North Dakota

In North Dakota, police crash reports typically contain all the insurance details of the at-fault driver, including the company name and the policy number. According to NDCC. § 39-08-09(1), drivers involved in a car crash are required to submit these insurance details to law enforcement. If the driver does not have their insurance information at the time of the crash, they are legally required to submit it to the Driver and Vehicle Services Division within five days.

To find information about an at-fault driver's insurance, one can request a copy of the crash report from NDDOT for a nominal fee. For matters that proceed to civil litigation, plaintiffs can use formal discovery tools in compelling disclosure of any insurance coverage (ND Rule of Civil Procedure 26(b)(2)).

Are Accidents Public Record in North Dakota?

Yes. According to North Dakota's Open Records law (NDCC § 44-04-18), many accident-related records are publicly available. These records can typically be requested from the NDDOT for $7 using the agency's remote portal. However, certain documents are confidential and may be redacted per the Driver Privacy Protection Act (18 U.S.C. § 2721).

Additionally, court records involving accident-related civil lawsuits are public unless sealed by a judge. These can be easily accessed through the North Dakota Court Records Inquiry (NDCRI) system. On the other hand, DMV records related to driver history or insurance are not public and are protected under state and federal regulations. Any access to DMV records requires legal justification or a court order.

Can You Go to Jail for Causing an Accident Without Insurance in North Dakota?

Yes. Causing an accident without insurance in North Dakota may lead to a Class B misdemeanor, which is punishable by up to 30 days in jail and a $150–$1,500 fine. Even though first-time failure to show proof of insurance does not often result in jail time, using forged or fraudulent documents or driving uninsured repeatedly increases the risk of severe criminal penalties, including license suspension, vehicle impoundment, and lengthier imprisonment periods.

Can You Settle With an Uninsured Driver Out of Court in North Dakota?

Yes. In North Dakota, it is possible to settle with an uninsured driver out of court. This is typically facilitated through a written agreement enforceable under North Dakota contract law, provided it meets the standard legal requirements (NDDC Title 9). Once both parties sign this agreement, it becomes binding and can be upheld in a civil court if breached.

Can I Get Compensation If I Was Partially at Fault?

Yes. North Dakota upholds a modified comparative fault system under N.D.C.C. § 32-03.2-02, which means a victim can recover damages as long as they were only responsible for less than 50% of the accident. Nonetheless, the compensation will be proportionate to the share of blame. For instance, if an individual were 30% at fault and the total damages were $10,000, then such individuals could recover $7,000. Individuals with more than 50% fault in an accident are not entitled to recover compensation.