TORTS-STATUTES-UNSATISIFIED JUDGMENT AND HIT-AND-RUN PROVISIONS AS SUPPLEMENTING FINANCIAL RESPONSIBILITY ACTS

In 1947, North Dakota enacted legislation providing that one who recovers a judgment in an action for damages for personal injuries or death resulting from the operation of a motor vehicle and who cannot execute the judgment because of the defendants' inability to pay and lack of property, may receive payment from the state unsatisfied judgment fund upon application to the court and assignment of the judgment to the state. The fund was created, and is to be maintained, by a special assessment on motor vehicle owners. 1951 North Dakota legislation provides that any person who has a cause of action for personal injuries or death resulting from a motor vehicle accident may recover from the unsatisfied judgment fund in an action nominally against the state highway commissioner when the identity of the person or persons against whom the action might he brought cannot he ascertained. Upon payment the state is subrogated pro tanto to the rights that the person recovering has against the unascertained person.

In both instances, maximum payments out of the fund are limited to $5,000 on each judgment and to $10,000 for each accident.