Car Accident Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16(5) ✓ verified · 3 sources
The deadline
6 years
from The six-year clock generally starts running on the date of the accident, which is when the claim for relief accrues under N.D. Cent. Code § 28-01-16., under N.D. Cent. Code § 28-01-16(5).
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North Dakota law sets a hard deadline of 6 years to file a car accident lawsuit. The controlling statute is N.D. Cent. Code § 28-01-16(5), and the clock generally starts on The six-year clock generally starts running on the date of the accident, which is when the claim for relief accrues under N.D. Cent. Code § 28-01-16.. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for car accident lawsuits generally begins on The six-year clock generally starts running on the date of the accident, which is when the claim for relief accrues under N.D. Cent. Code § 28-01-16.. North Dakota recognizes a discovery rule for this claim type: North Dakota courts apply a discovery rule so that, where an injury is not immediately apparent, the limitations period does not begin until the plaintiff knew or with reasonable diligence should have known of the injury and its cause.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Under N.D. Cent. Code § 28-01-16(5), a personal-injury lawsuit arising from a car accident must be commenced within six years after the claim for relief accrues (generally the date of the accident). By contrast, a wrongful-death claim carries a separate two-year deadline under N.D. Cent. Code § 28-01-18. Deadlines for injuries suffered while a claimant is a minor may be tolled under N.D. Cent. Code § 28-01-25.
Source: N.D. Cent. Code § 28-01-16(5), official North Dakota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for North Dakota government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(5) |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in North Dakota?
You have 6 years from The six-year clock generally starts running on the date of the accident, which is when the claim for relief accrues under N.D. Cent. Code § 28-01-16., under N.D. Cent. Code § 28-01-16(5).
Can I still sue after 6 years in North Dakota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in North Dakota?
Yes. North Dakota courts apply a discovery rule so that, where an injury is not immediately apparent, the limitations period does not begin until the plaintiff knew or with reasonable diligence should have known of the injury and its cause.
What if the victim was a minor?
North Dakota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official North Dakota Century Code, Title 28, Chapter 28-01 (§ 28-01-16) — North Dakota Legislative Branch (ndlegis.gov)
- Corroborating North Dakota Century Code Title 28 § 28-01-16 — FindLaw
- Corroborating North Dakota's Car Accident Statute of Limitations — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed North Dakota attorney.