The Unsatisfied Judgment Fund was created to protect residents of North Dakota against the financial hardships associated with bodily injury caused by irresponsible, uninsured, judgment-proof drivers.
A North Dakota resident who recovers in court a judgment exceeding $300 for bodily injury incurred as a result of the operation or use of a motor vehicle may apply to a judge for an order to direct payment from the Unsatisfied Judgment Fund.
The injury has to occur in North Dakota and the applicant must provide proof that the judgment is uncollectible prior to making application to the Fund.
Recovery from the Fund is limited to payment of $10,000 for bodily injury, including death, of one person in any one accident or $20,000 for bodily injury, including death, of two or more persons in any one accident. An applicant must first exhaust all uninsured motorist coverage and Assigned Claims Plan money that is available before payment from the Fund may be made.
When payment is made out of the Fund, the judgment debtor or Defendant is liable to repay the amount of the judgment plus six percent interest per annum. The amount can be repaid either by a lump sum payment or by installment payments ordered by the court.
If no arrangements are made to repay the judgment, a Defendant's drivers license is suspended. If at any time a Defendant defaults in his/her installment payments, his/her license may again be revoked and a penalty payment in the amount of $200 must be made to get it back.