NORTH DAKOTA GUIDE 19
North Dakota Crash Damages, Tort Threshold & Property Loss
North Dakota’s no-fault system limits some tort recovery against a secured person. Under N.D.C.C. § 26.1-41-08, a secured person is generally exempt from liability for noneconomic loss unless the injury qualifies as a serious injury, and for economic loss to the extent basic no-fault benefits are paid or payable, subject to the statute’s conditions and exceptions.
- Separate basic no-fault benefits from tort damages.
- Evaluate whether the injury satisfies the statutory serious-injury threshold before claiming noneconomic damages.
- Document past and future medical expense, wage loss, replacement services and other economic damages.
- Document pain, impairment, disfigurement and other noneconomic damages when the threshold is satisfied.
- Handle vehicle repair, total loss, loss of use and other property damage separately from bodily-injury no-fault issues.
Primary North Dakota Source
N.D.C.C. Chapter 26.1-41 — Auto Accident Reparations
Current-law review: September 16, 2026. The tort threshold and recoverable categories depend on the statutory definitions, policy benefits and facts of the injury.
VictimsGuide 