Disclaimer: The information provided here is for educational purposes and does not constitute legal advice.
Detailed Answer
If you suffer a loss in North Dakota caused by a driver who carried no active insurance on the date of the incident, you still have options to recover your damages under state law.
1. Uninsured Motorist (UM) Coverage
North Dakota law requires insurers to offer uninsured motorist coverage. If you elected this protection, your own policy can pay for bodily injury and property damage caused by an uninsured driver, up to your policy limits. See NDCC § 26.1-35-02.
2. Personal Injury Protection (PIP)
Under the North Dakota Motor Vehicle Reparation Act, Personal Injury Protection pays your medical expenses and lost wages regardless of fault, up to the limits you selected. See NDCC § 26.1-41-02.
3. Filing a Lawsuit Against the Driver
You can sue the uninsured driver in small claims court (up to $15,000) or district court for damages including medical bills, lost income, and property repair. If you obtain a judgment, you may use post-judgment remedies under North Dakota Rules of Civil Procedure to collect.
4. Post-Judgment Collection Tools
Once you hold a valid judgment, you can garnish wages, levy bank accounts, or place a lien on real property. The sheriff or a civil clerk assists with executing judgments under state rules.
5. SR-22 and Administrative Penalties
An uninsured at-fault driver must file an SR-22 certificate with the North Dakota Department of Transportation to reinstate driving privileges. Their license may remain suspended until they maintain mandatory coverage. This does not directly compensate you but enforces future financial responsibility.
Helpful Hints
- Review your insurance declarations to confirm UM and PIP limits before an accident.
- Keep detailed documentation of all medical treatments, repair estimates, and out-of-pocket expenses.
- Consider consulting a licensed attorney to navigate collection procedures after obtaining a judgment.
- Note that North Dakota’s statute of limitations for personal injury or property damage is two years from the date of loss. See NDCC § 28-01-18.
- Check whether you qualify for any state victim compensation programs for uninsured motorist incidents.