North Dakota § 26.1-41-19 Limitation of actions

North Dakota Statutes

§ 26.1-41-19 — Limitation of actions

North Dakota·Title 26.1 Insurance·Ch. 26.1-41 Auto Accident Reparations

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 caused by the accident, or not later than four years after the accident, whichever is earlier. If basic or optional excess no-fault benefits have been paid for loss, an action for recovery of further benefits for the loss by either the same or another claimant may be commenced not later than four years after the last payment of benefits.

2.If no basic or optional excess no-fault benefits have been paid to the decedent or dependent survivors, an action for benefits for survivors' income loss and replacement service

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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 caused by the accident, or not later than four years after the
accident, whichever is earlier. If basic or optional excess no-fault benefits have been
paid for loss, an action for recovery of further benefits for the loss by either the same
or another claimant may be commenced not later than four years after the last
payment of benefits.
2. If no basic or optional excess no-fault benefits have been paid to the decedent or
dependent survivors, an action for benefits for survivors' income loss and replacement
services loss and funeral and burial expenses may be commenced not later than two
years after the death or six years after the accident from which death results,
whichever is earlier. If survivors' income loss and replacement services loss benefits
have been paid to any dependent survivor, an action for recovery of further survivors'
income loss or replacement services loss benefits by either the same or another
claimant may be commenced not later than six years after the last payment of
benefits. If basic or optional excess no-fault benefits have been paid for loss suffered
by an injured person before the injured person's death resulting from the injury, an
action for recovery of survivors' income loss or replacement services loss benefits may
be commenced not later than two years after the death or six years after the last
payment of benefits, whichever is earlier.
3. Except as subsection 1 or 2 prescribes a longer period, an action by a claimant on an
assigned claim which has been timely presented may be commenced not later than
sixty days after the claimant received written notice of rejection of the claim by the
basic no-fault insurer to which it was assigned.
4. The time period limitations prescribed in this section govern all actions for basic and
optional excess no-fault benefits under this chapter notwithstanding any limitation
prescribed elsewhere in the laws of this state.