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QuestionInsurance Question  I live in North Dakota. I was driving my uninsured and unregistered vehicle and was hit in the driver's door by someone that ran a stop sign. Will his insurance pay for my vehicle and medical bills?

AnswerAuto Insurance Answer

North Dakota state law requires that all motor vehicles registered and operated in the state carry certain minimum insurance coverages. The coverages and minimum limits mandated by law are:

  • Bodily Injury Liability: $25,000 per person (the maximum amount payable to one person)/$50,000 per accident (the maximum amount payable to all people injured in one accident).
  • Property Damage Liability: $25,000 per accident.
  • Uninsured Motorist Coverage: $25,000 per person/ $50,000 per accident.
  • Underinsured Motorist Coverage: Underinsured motorist coverage must be equal to the uninsured motorist coverage. Underinsured motorist provides you coverage for a bodily injury claim you would have against another driver whose liability coverage is less than your underinsured coverage.
  • Basic No-Fault: $30,000 per person. Basic no-fault provides you coverage for economic loss (such as medical expenses and work loss) as a result of an accidental injury in your auto- without regard to fault. No-fault is also known as Personal Injury Protection or PIP.

Driving without liability insurance is a class B misdemeanor and is punishable by a mandatory fine of at least $150. Additionally, if you are involved in any accident, the state will assess 14 points against your driver’s license, resulting in a suspension of your license.

When a driver has been convicted of driving without liability insurance, the law requires that the individual show proof of liability insurance to the ND Drivers License Division of The Department of Transportation for a period of 3 years. Insurance companies can file with state using the Certificate of Motor Vehicle Liability Insurance form published by the Drivers License Division for this purpose. The state does not require that an insurance company use an SR-22 form for this purpose.

Driving without registration is also a class B misdemeanor that comes with a fine. It states this under Section 39-04-37 of the North Dakota Century Code (NDCC). This part of ND law notes that it is unlawful for any person to operate, or for the owner thereof knowingly to permit anyone to operate, upon a highway any vehicle the registration of which has been canceled or revoked, or for which the registration fees required in this title have not been paid, or which does not have attached thereto and displayed thereon a number plate, plates, or validation tabs assigned thereto by the director for the current registration period, subject to the exemptions allowed in this title.

So if you were cited for driving without insurance in a car that was without registration you will need to face these penalties. The court listed on a citation could tell you more.

There are limitations to what claims you can make since you were uninsured at the time of the accident. You can read about these under North Dakota Century Code (NDCC) Section 26.1-41-07; Persons not entitled to [no-fault] benefits and 26.1-41-20; Secured person exemption for no liability insurance.

This latter section of the NDCC states that in any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership or operation of a secured motor vehicle in this state, the secured person may not be assessed damages for non-economic loss for a serious injury in favor of a party who has at least one prior unrelated conviction under section 39-08-20 and who was operating a motor vehicle owned by that party at the time of injury without a valid policy of liability insurance in order to respond to damages for liability arising out of the ownership, maintenance, or use of that motor vehicle.

So basically it prohibits a person that had two convictions for driving without liability insurance and was driving without liability insurance from receiving non-economic loss for serious injury in action against an insured person. From this information it would appear if that you can place a claim against the at fault driver for the damages to your vehicle and medical expenses since these are economic losses. Non-economic losses usually include things such as pain and suffering.

Normally medical expenses would go through your own no-fault (PIP) coverages though if you did have the required insurance that North Dakota mandates drivers have. If the other driver's insurance company finds their policyholder to be at fault and liable then likely your damages and injuries will be covered by their policy. If you were cited for driving without insurance and without current registration you will need to face through penalties we have mentioned above.

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