If you register your vehicle and drive in North Dakota you are expected to take out a minimum amount of personal injury protection insurance (called PIP for short) as well as liability insurance in case you are sued by someone else because you have injured them or damaged their property.
In most states in the U.S. it is not compulsory to have no-fault insurance cover. If you don’t have it, you only have the option of paying for injury costs out of your own pocket or suing whoever was responsible for your injuries.
As North Dakota is a no-fault state, you don’t have that choice. You cannot be sued and cannot sue anyone else for injuries unless they are particularly serious. On the other hand, if you were at fault, you can still obtain compensation up to the level of your insurance cover.
North Dakota Auto Liability Insurance Rules
There are minimum liability insurance rules in North Dakota which are in addition to the personal injury protection (PIP) insurance rules. Liability insurance covers you in the event that you are at fault in an auto accident and cause damage to another person’s vehicle and / or injure them seriously.
Because of the no-fault rules, if you hit another vehicle and injure someone, you cannot be sued by them unless they are seriously injured or their total necessary medical expenses are in excess of $2,500. $2,500 isn’t very much, so it’s quite possible that you could still be sued by someone you have injured, despite the fact that they have PIP insurance. The reason is that they can get more money by suing you if successful than from their PIP cover!
The minimum liability insurance amounts are:
- $25,000 per person for any bodily injury;
- $50,000 per accident for any bodily injury;
- $25,000 for property damage.
PIP Insurance Provisions in North Dakota
The minimum PIP insurance cover in North Dakota is $30,000 per person. This is not just for you, but for anyone in your vehicle at the time of the accident who is injured and anyone living in your household as well as pedestrians.
PIP insurance is only for injuries and does not cover any damage to your property such as your vehicle. It is also restricted to monetary claims such as medical bills and lost earnings. It cannot be used for non monetary claims such as pain and suffering.
There are circumstances in which you can step outside the no-fault system and opt to file a personal injury. As already mentioned above, you can opt to sue an at-fault driver if your total necessary medical costs are more than $2,500. If you have been seriously injured you may also opt to make a civil claim. By a ‘serious injury’, it means an injury that is permanent, or lasting more than 60 days, or where there has been a permanent disfigurement.
How a PI Lawyer Can Help if Hit in North Dakota
There are many reasons why you may choose to contact a personal injury attorney. Even if you stay inside the no-fault system you can get some useful legal advice from an attorney.
If you choose to sue an at-fault driver or file a claim with their insurer, e.g. for damage to your vehicle, you will find that a personal injury attorney’s legal expertise invaluable. Fill out the Free Case Evaluation today!
