Auto Accident, PIP & Medical Billing State Guides

North Dakota Auto Accident, PIP & Medical Billing Laws

North Dakota operates a mandatory No-Fault automobile insurance framework under North Dakota Century Code Chapter 26.1-41. Every motor vehicle policy must provide basic no-fault benefits of at least $30,000 per person for medical, rehabilitation, and disability losses. Unpaid benefits are subject to an 18% annual interest penalty under N.D.C.C. § 26.1-41-09.

Accountability & Review
Reviewed by Millennova Legal Operational Integrity Team, Senior Audit and Arbitration Analysts
Last Reviewed
2026-03-01

Plain-language overview

No-Fault (Mandatory Basic No-Fault Benefits under N.D.C.C. § 26.1-41-06)

Under North Dakota law, occupants of an insured motor vehicle and injured pedestrians recover basic no-fault benefits from the automobile insurer regardless of fault. To maintain a tort claim for non-economic damages (pain and suffering) against an at-fault motorist, the injured person must meet the statutory tort threshold under N.D.C.C. § 26.1-41-08 by incurring more than $2,500 in medical expenses or sustaining 60 days of disability or permanent injury.

PIP and MedPay coverage

Basic No Fault Limit

$30,000 maximum aggregate benefit per person for medical, surgical, hospital, and rehabilitation expenses, plus work loss and replacement services (N.D.C.C. § 26.1-41-01(2))

Optional Excess Coverage

Insurers must offer optional excess no-fault benefits increasing aggregate coverage up to at least $80,000 per person (N.D.C.C. § 26.1-41-04)

Assignment Of Benefits

Medical providers may obtain direct payment authorization through standard written assignment agreements

Medical fee schedule and reimbursement rules

Name

Reasonable Medical Charges Standard (N.D.C.C. § 26.1-41-01(9))

Rules

North Dakota does not maintain a statutory auto medical fee schedule. Charges for medical, surgical, and diagnostic services must be reasonable and customary for comparable treatment in the relevant geographic community.

Cpt Basis

CPT/HCPCS itemized coding on standard CMS-1500 or UB-04 billing claims

Preauthorization and utilization review

Requirement

Preauthorization is not required by statute for emergency medical stabilization. Advanced diagnostic imaging, elective procedures, or extended chiropractic/physical therapy care may be subject to insurer medical management review.

Independent Medical Examination

Under N.D.C.C. § 26.1-41-11, an insurer may require an injured person to submit to physical examination by an independent physician when the physical condition is material to a claim.

Appeals and dispute resolution

Thirty Day Prompt Payment

Under N.D.C.C. § 26.1-41-09(2), benefits become overdue if not paid within 30 days after the insurer receives reasonable proof of the fact and amount of loss. Overdue benefits bear interest at the rate of 18% per year.

Attorney Fee Awards

Pursuant to N.D.C.C. § 26.1-41-09(3), courts award reasonable attorney fees to a claimant or provider if the insurer rejected a claim without reasonable foundation.

Dispute Forum

North Dakota District Court. Actions to recover overdue no-fault benefits are filed in county district courts.

Claim and dispute deadlines

Deadlines can depend on the trigger event and may be affected by agency relief notices. Confirm the live rule before filing.

EventTimeframe
Notice of Accident / InjuryNotice to insurer as soon as reasonably practicable
Medical Bill SubmissionSubmission with itemized proof of loss and treatment records
Carrier 30-Day Pay Window30 calendar days from receipt of proof of loss (N.D.C.C. § 26.1-41-09)
Medical Tort Threshold$2,500 in medical expenses to maintain non-economic tort action (N.D.C.C. § 26.1-41-08)
Statute of Limitations4 years from accident date or 2 years from last no-fault payment (N.D.C.C. § 26.1-41-19)

Documentation checklist

  • North Dakota Basic No-Fault Application for Benefits
  • Executed Assignment of Benefits (AOB) and medical records authorization
  • Itemized CMS-1500 or UB-04 billing form with CPT/HCPCS codes and ICD-10 diagnostic coding
  • Contemporaneous medical records, emergency department documentation, and objective diagnostic reports
  • Insurer Explanation of Benefits (EOB) or written notice of denial

Responsible agencies

Primary legal and regulatory sources

  1. North Dakota Century Code Chapter 26.1-41 (Auto Accident Reparations)North Dakota Legislative Assembly · 2024
  2. North Dakota Century Code Section 26.1-41-09 (Payment of Benefits; Interest on Overdue Payments)North Dakota Legislative Assembly · 2024

This operational reference is educational, is not legal advice, and does not create an attorney-client relationship.

Common questions

What rules govern auto accident, pip & medical billing state guides in North Dakota?
North Dakota operates a mandatory No-Fault automobile insurance framework under North Dakota Century Code Chapter 26.1-41. Every motor vehicle policy must provide basic no-fault benefits of at least $30,000 per person for medical, rehabilitation, and disability losses. Unpaid benefits are subject to an 18% annual interest penalty under N.D.C.C. § 26.1-41-09.
What dispute deadlines should providers track in North Dakota?
Notice of Accident / Injury: Notice to insurer as soon as reasonably practicable; Medical Bill Submission: Submission with itemized proof of loss and treatment records; Carrier 30-Day Pay Window: 30 calendar days from receipt of proof of loss (N.D.C.C. § 26.1-41-09). Verify the trigger date, current agency notices, and any extension before acting.
Which agencies administer these rules in North Dakota?
The guide identifies North Dakota Insurance Department. The correct agency depends on the plan and claim jurisdiction.