Car insurance claim rules in North Dakota

What North Dakota requires on timing

Section 26.1-04-03(9) of the North Dakota Century Code lists unfair claim settlement practices. It applies when an insurer acts without just cause and often enough to show a general business practice. The chapter uses standards rather than day counts.

Overdue no-fault payments bear interest at the state's judgment rate. For property damage there is no fixed number, so put requests and promises in writing and keep a dated log. Our page on claims that drag on explains how to move a quiet file.

When a North Dakota car is a total loss

Under N.D.C.C. 39-05-20.2, the owner of a vehicle damaged in excess of 75 percent of its retail value, as shown in the NADA official used car guide, must send the title to the Department of Transportation within 10 days, and the department issues a salvage title. Glass and hail damage are left out of the 75 percent calculation.

• The insurer can total a car sooner. The 75% line decides the title brand. An insurer may choose to pay a total loss at a lower share of value when repair plus salvage costs more than the car is worth.
• Hail is excluded. A hail-damaged car can pass 75% in repair cost without a salvage brand, which matters for its resale value.
• Check the value. Our guide to total loss claims covers comparable cars, taxes and deductions.

The total loss check applies the North Dakota threshold to your estimate.

Reporting a North Dakota crash

N.D.C.C. 39-08-09 requires the driver to notify the police right away after a crash that injures or kills someone or causes apparent property damage of at least $4,000. Inside a city, call the local police; elsewhere, the county sheriff or the Highway Patrol. Skipping it carries a $50 fine.

• Insurance details. Give the investigating officer your insurer and policy number. If you don't have them at the scene, send them to the Driver's License Division within 5 days.
• No driver report to the state. Officers forward their crash reports to the department within 10 days. Some cities require a driver report by ordinance.
• Deer and other wild animals. If a crash with an undomesticated animal damages only your own vehicle, the notice rule doesn't apply at any dollar amount; see hitting a deer.

No-fault and the right to sue

North Dakota is a no-fault state. Basic no-fault benefits pay up to $30,000 per person for medical costs, lost work (capped at $150 a week) and other economic loss, whoever caused the crash. You can sue the other driver for pain and suffering only for a serious injury, which N.D.C.C. 26.1-41-01 defines to include medical expenses over $2,500 or serious and permanent disfigurement or disability beyond 60 days.

Under N.D.C.C. 32-03.2-02, your own fault reduces your damages and bars recovery only if it is as great as the combined fault of everyone else involved. Damage to your car stays a fault-based claim against the other driver's insurer.

Deadlines to sue and complaints

Under N.D.C.C. 28-01-16, a negligence suit for injury to a person or to property generally has 6 years. A claim for no-fault benefits has a shorter limit: if none have been paid, 2 years from when you knew the loss came from the crash, and no later than 4 years after it (26.1-41-19). A suit for a death has 2 years.

1. Write to the insurer and ask for the reason for a delay, denial or offer and the policy wording it relies on.
2. Call the North Dakota Insurance Department at (701) 328-2440 or email [email protected] with questions.
3. File a complaint with the online Consumer Complaint form or by mail with copies of your documents; our guide to insurance department complaints explains what helps.

Questions people ask