118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-41-01 Definitions
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As used in this chapter: 1. "Accidental bodily injury" means bodily injury, sickness, or disease, including death resulting therefrom, arising out of the operation of a motor vehicle, and excluding injury as the result of an individual entering or alighting from a stopped motor v…
N.D.C.C. § 26.1-41-03 Suspension of coverage - Request by owner
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Upon notice from the owner of a secured motor vehicle stating that the secured motor vehicle will not be operated on public roads or highways during a period of not less than thirty consecutive days, the basic no-fault insurer of the vehicle shall suspend on a pro rata basis or s…
N.D.C.C. § 26.1-41-04 Optional excess no-fault benefits
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Each basic no-fault insurer of the owner of a secured motor vehicle shall also make available optional excess no-fault benefits for excess economic loss commencing upon the exhaustion of basic no-fault benefits, up to a total of eighty thousand dollars in no-fault benefits for ac…
N.D.C.C. § 26.1-41-05 Self-insurance - Liability policies - Authority of commissioner
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1. Self-insurance used as security required by this chapter may be provided by filing in satisfactory form all of the following: a. A continuing undertaking by the owner or other appropriate person to pay basic no-fault benefits and the liabilities covered by motor vehicle liabil…
N.D.C.C. § 26.1-41-06 Persons entitled to basic no-fault benefits
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Each basic no-fault insurer of a secured motor vehicle shall pay basic no-fault benefits without regard to fault for economic loss resulting from: 1. Accidental bodily injury sustained in the United States or its possessions or in Canada by the owner of the motor vehicle or any r…
N.D.C.C. § 26.1-41-07 Persons not entitled to benefits
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Basic or optional excess no-fault benefits are not payable to or on behalf of any person who is injured while: 1. Occupying any motor vehicle without the expressed or implied consent of the owner or while not in lawful possession of the motor vehicle. 2. Occupying a motor vehicle…
N.D.C.C. § 26.1-41-08 Secured person exemption
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1. 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 is exempt from liability to pay damages for: a. Noneconomic loss unless the inju…
N.D.C.C. § 26.1-41-09 Payment of basic and optional excess no-fault benefits
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1. Basic and optional excess no-fault benefits are payable monthly for economic loss sustained by an injured person or dependent survivors or incurred on the injured person's behalf by the injured person's spouse, relatives, or guardian. A basic no-fault insurer may pay basic or …
N.D.C.C. § 26.1-41-11 Mental and physical examinations
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1. Whenever the mental or physical condition of an individual is material to any claim that has been or may be made for past or future basic or optional excess no-fault benefits, the individual shall submit to mental or physical examination by a physician designated by the basic …
N.D.C.C. § 26.1-41-12 Discovery of facts about an injured person
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1. Every employer or claimant, if a written request is made by a basic no-fault insurer against whom a claim has been made, shall furnish forthwith, in a form approved by the insurance commissioner, a sworn statement of the earnings, since the time of the accidental bodily injury…
N.D.C.C. § 26.1-41-13 Priority of applicable security - Coordination of benefits
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1. A basic no-fault insurer has the primary obligation to make payment for economic loss because of accidental bodily injury arising out of the operation of a motor vehicle; provided, that the amount of all benefits a claimant recovered or is entitled to recover for the same elem…
N.D.C.C. § 26.1-41-14 Stacking of basic no-fault benefits prohibited
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When an injured person is provided basic no-fault benefits by an insurance policy issued in compliance with this chapter, the injured person is covered only to the extent of the basic no-fault benefits provided on the secured motor vehicle involved in the accident and the optiona…
N.D.C.C. § 26.1-41-15 Motor vehicle liability insurance - Extraterritorial provision
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1. Motor vehicle liability insurance applies to the amounts which the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle, if the accident occurs in the United…
N.D.C.C. § 26.1-41-16 Insurer's right of subrogation
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A basic no-fault insurer which has paid or may become obligated to pay basic no-fault benefits under this chapter is subrogated to the extent of its obligations to all of the rights of the injured person against any person other than a secured person. The subrogee has a lien to t…
N.D.C.C. § 26.1-41-17 Equitable allocation of losses among insurers
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Repealed by S.L. 2005, ch. 274, § 6.
N.D.C.C. § 26.1-41-18 Assigned claims plan
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1. Basic no-fault insurers authorized to provide basic no-fault benefits in this state shall organize, participate in, and maintain an assigned claims plan to provide that an injured person who suffers economic loss and is eligible for basic no-fault benefits under section 26.1-4…
N.D.C.C. § 26.1-41-19 Limitation of actions
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1. If no basic or optional excess no-fault benefits have been paid for loss, an action for the benefits may be commenced not later than two years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was …
N.D.C.C. § 26.1-41-20 Secured person exemption for no liability insurance
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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 noneconomic loss for a serious injury in favor of a…