North Dakota requires every registered vehicle to carry bodily injury liability insurance with minimum limits of $25,000 per person and $50,000 per accident. That coverage pays for injuries you cause to other people in a crash, and it is one of five mandatory coverages the state demands before you can legally drive. Because North Dakota is also a no-fault state, the bodily injury portion of your policy works differently than you might expect, and the gap between carrying the minimum and being adequately protected is wide.
The Minimum Limits and What They Mean
North Dakota uses a split-limit system. Under N.D. Cent. Code § 39-16.1-11, every motor vehicle liability policy must provide at least $25,000 for injury or death of one person in a single accident, and at least $50,000 total when two or more people are injured or killed in the same accident.1North Dakota Legislative Branch. North Dakota Code 39-16.1-11 – Motor Vehicle Liability Policy The same statute requires $25,000 in property damage liability per accident.
These are floors. If you cause a serious crash and the injured person’s medical bills exceed $25,000, your insurer pays up to the limit and you are personally responsible for the rest. Your savings, home equity, and future wages are all exposed to a judgment above your policy limits.
Bodily injury liability sits inside a broader package of required coverages. Alongside it, every North Dakota policy must include property damage liability, uninsured motorist coverage at $25,000/$50,000, underinsured motorist coverage matching those limits, and basic no-fault (PIP) benefits of $30,000 per person.2North Dakota Insurance Department. Auto Skipping any one of them makes your vehicle uninsured under state law.
When Bodily Injury Liability Actually Pays in a No-Fault State
North Dakota’s no-fault system changes when the at-fault driver’s bodily injury coverage gets reached. In most states, an injured person goes straight to the other driver’s liability insurance. Here, your own PIP pays first for medical expenses and lost wages. You can only pursue the at-fault driver’s bodily injury policy if your injuries cross a legal threshold the state calls “serious injury.”
Under N.D. Cent. Code § 26.1-41-08, an insured driver is exempt from liability for non-economic damages like pain and suffering unless the injured person’s injuries qualify as serious. The at-fault driver is also exempt from economic damages to the extent that no-fault benefits already covered them.3North Dakota Legislative Branch. North Dakota Code 26.1-41-08 – Secured Person Exemption
What Counts as a Serious Injury
N.D. Cent. Code § 26.1-41-01 defines serious injury as accidental bodily injury that results in any of the following:
- Death
- Dismemberment
- Serious and permanent disfigurement
- A disability lasting more than 60 days
- Medical expenses exceeding $2,500
The $2,500 medical expense threshold is the most commonly used path over this bar.4Justia Law. North Dakota Code Title 26.1, Chapter 26.1-41 Even if the care was provided at a reduced cost or for free, a court can look at the usual and customary value of those services to decide whether the threshold has been met. Emergency room visits, imaging, and follow-up care add up quickly, so most crashes involving more than soft-tissue injuries clear this line.
If your injuries don’t meet the definition, you cannot sue the at-fault driver for pain and suffering, and your economic losses are handled through your own PIP up to the $30,000 cap. Once the threshold is cleared, the at-fault driver’s bodily injury liability covers remaining medical expenses, ongoing care, lost income, and non-economic damages.
Penalties for Driving Without the Required Coverage
North Dakota treats driving without liability insurance as a standalone offense under N.D. Cent. Code § 39-08-20. When an officer stops you for any reason, you must provide written or electronic proof of insurance on request. If you can’t, you may be charged, though you can avoid a finding of violation by later producing proof to the prosecutor that you had a valid policy at the time of the stop.5North Dakota Legislative Branch. North Dakota Century Code 39-08-20 – Driving Without Liability Insurance Prohibited
Consequences escalate after a first offense. On a second or subsequent violation, the court orders the vehicle’s license plates impounded until you provide proof of insurance and pay a $20 fee to the court. Failing to surrender the plates when ordered is a Class B misdemeanor, which carries up to 30 days in jail and a fine of up to $1,500.6North Dakota Legislative Branch. North Dakota Code 12.1-32-01 – Classification of Offenses – Penalties
License Suspension and SR-22
The Department of Transportation adds its own sanctions. Your driver’s license can be suspended for failing to maintain liability insurance, and reinstating it costs $50.7North Dakota Department of Transportation. Driver Record Services and Suspensions You must also file proof of financial responsibility (an SR-22 certificate) and keep it on file for one year from the date your driving privileges are reinstated.
The filing itself is cheap. The insurance behind it is not. Carriers treat drivers who have lost coverage as high-risk, and premiums usually jump sharply for the duration of the filing period and often beyond, since insurers factor lapse history into future rates.
Why Many Drivers Carry More Than the Minimum
The $25,000/$50,000 bodily injury minimum is among the lowest in the country, and it doesn’t take a catastrophic crash to blow through it. A single broken bone with surgery can generate $40,000 or more in medical bills. If you’re found at fault for damages above your limits, you pay the difference personally.
Many drivers carry $100,000/$300,000 or higher. The premium difference between the state minimum and a significantly higher limit is often a few hundred dollars a year, because the statistical odds of a catastrophic payout are low while the financial exposure is severe. The minimum keeps you legal. It does not keep you protected.