After a drunk driver hits you, you're dealing with two problems at once: your injuries, and an insurance and court system that treats an impaired-driving crash differently from an ordinary one. North Dakota hands victims of drunk drivers a few tools that people in many other states don't get. Here is what the law actually says, and where the numbers and deadlines come from.
North Dakota is a no-fault state, and that changes your first step
North Dakota runs what it calls an auto accident reparations system, better known as no-fault. Every auto policy has to carry basic no-fault benefits, and your own insurer pays them for your economic losses no matter who caused the crash.1 There's a ceiling, though. Basic no-fault benefits top out at $30,000 per person per accident, and inside that limit wage replacement is capped at 85% of lost income and $150 a week.1 Your insurer has 30 days to pay after it gets reasonable proof of a loss, and anything overdue collects interest.1
No-fault also decides when you can sue the drunk driver for pain and suffering. Under N.D.C.C. § 26.1-41-08 you can't recover noneconomic damages unless your injury is a serious injury, which the statute defines as death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500.1 A serious drunk-driving crash usually clears that line without trouble, but it is the threshold question, so keep every bill and record.
Suing the drunk driver, and a punitive rule built for these cases
Once you're past that threshold, you can pursue the at-fault driver for your full losses. North Dakota puts no cap on compensatory damages in an ordinary injury case, though an economic-damage award above $250,000 can be sent to the judge for a reasonableness review under § 32-03.2-08.2
The provision that matters most in a drunk-driving case is punitive damages, which North Dakota calls exemplary damages. Ordinarily you can't even request them in your complaint. You have to file a motion later and show clear and convincing evidence of oppression, fraud, or malice under § 32-03.2-11(1).2 For impaired drivers, the statute lowers that hurdle. Section 32-03.2-11(9) says it is enough to send punitive damages to the jury if clear and convincing evidence shows the crash was caused by a driver with a blood or breath alcohol concentration of at least .08%, one under the influence of a controlled substance, or one who refused chemical testing.2 A conviction under the DUI statute, § 39-08-01, can be put into evidence at that trial.2 The cap is deliberately high: exemplary damages can reach twice your compensatory award or $250,000, whichever is greater, under § 32-03.2-11(4).2
One rule can cut against you. North Dakota uses modified comparative fault (§ 32-03.2-02): your recovery shrinks by your share of the blame, and it disappears entirely if your fault is as great as the combined fault of everyone else who caused the crash.2 Liability is several, not joint, so each defendant pays only their own percentage.2 A drunk driver's insurer will still try to push some blame onto you, and North Dakota's long, icy winters hand them a road-conditions argument to lean on.3
The bar or host who over-served can be liable too
North Dakota has a dram shop law, and it reaches past commercial bars. Under § 5-01-06.1, anyone who knowingly sells or gives alcohol to someone under 21, or to an "obviously intoxicated" person, can be sued by a third party that the drunk person later injures.4 That covers a licensed bar serving a visibly drunk patron, and through the "gives away" language it can reach a social host who hands drinks to an underage or already-drunk guest.
Two limits are worth knowing. The intoxicated person can't bring this claim, and neither can an adult passenger who was riding in the drunk driver's car.4 The window is also shorter than a normal injury case: a dram shop action has to be filed within two years of the incident under § 28-01-18(5), and the clock starts on the date of the offense.5
When the drunk driver's insurance isn't enough
Drunk drivers are often underinsured, or carry nothing at all. North Dakota's minimum liability limits are only $25,000 per person, $50,000 per accident, and $25,000 for property damage under § 39-16.1-11.6 One serious injury can pass that in a single hospital day.
That's why North Dakota makes uninsured and underinsured motorist coverage mandatory on every policy. Your insurer has to include UM coverage at least equal to the liability minimum, and UIM coverage at the same limits, under §§ 26.1-40-15.2 and 26.1-40-15.3.7 There's no blanket way for a policyholder to waive it. The only carve-out is a written exclusion of one specific named driver under § 26.1-40-16.7 So when the drunk driver has no policy or a thin one, your own UM or UIM coverage often becomes the real source of your recovery.
Deadlines that can end your case
The time limits are firm, and different claims run on different clocks. A personal-injury claim against the drunk driver has to be filed within six years under § 28-01-16(5).5 If a family member was killed, a wrongful-death claim must be filed within two years of the death under § 28-01-18(4).5 And the dram shop claim against a bar or host, as noted, is two years from the incident.5 Miss the deadline that applies to you and the claim is gone, however strong it was.
The criminal case runs next to yours
The DUI prosecution is separate from your civil claim, but it can help you. When a court convicts an impaired driver of a crime that caused you financial harm, § 12.1-32-08 requires it to order restitution for your losses, including the cost of physical, psychiatric, and psychological care tied to the offense.8 One caution: any restitution the driver actually pays is deducted from a civil award for the same crash, so the two are coordinated rather than stacked.8
Practical first steps
The official crash report comes from the North Dakota Department of Transportation and costs $7 per report; our North Dakota crash report guide covers how to get one.9 If your vehicle was totaled or lost resale value, that is a separate claim from your injuries, explained on our North Dakota diminished value page. Because the punitive, dram shop, and UM/UIM rules above are easy to overlook on your own, it's worth talking with a lawyer who handles impaired-driving crashes; you can find an attorney here.
The strongest early move is simple: keep your records and medical bills, and don't sign anything from an insurer until you know which deadline and which coverage apply to you.
This article is general information, not legal advice.
Sources
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North Dakota Century Code ch. 26.1-41, Auto Accident Reparations Act (basic no-fault benefits, serious injury threshold, payment timing). https://ndlegis.gov/cencode/t26-1c41.pdf
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North Dakota Century Code ch. 32-03.2, Fault, Damages, and Payments (§§ 32-03.2-02, 32-03.2-08, 32-03.2-11). https://ndlegis.gov/cencode/t32c03-2.pdf
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NOAA National Centers for Environmental Information, North Dakota State Climate Summary. https://statesummaries.ncics.org/chapter/nd/
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North Dakota Century Code § 5-01-06.1, Claim for relief for fault resulting from intoxication. https://ndlegis.gov/cencode/t05c01.pdf
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North Dakota Century Code ch. 28-01, Time for Commencing Actions (§§ 28-01-16, 28-01-18). https://ndlegis.gov/cencode/t28c01.pdf
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North Dakota Century Code § 39-16.1-11, Motor vehicle liability policy minimum limits. https://ndlegis.gov/cencode/t39c16-1.pdf
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North Dakota Century Code §§ 26.1-40-15.2, 26.1-40-15.3, 26.1-40-16, Uninsured and underinsured motorist coverage. https://ndlegis.gov/cencode/t26-1c40.pdf
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North Dakota Century Code § 12.1-32-08, Restitution to victims. https://ndlegis.gov/cencode/t12-1c32.pdf
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North Dakota Department of Transportation, Purchase a Crash Report. https://www.dot.nd.gov/travel-and-safety/safety/purchase-crash-report