How Much is Your Claim Worth?
How Much is Your Claim Worth?
Here’s how to protect your rights and build a strong injury claim after a North Dakota car accident.
On average, more than 26 vehicle accidents and 14 injuries occur each day on North Dakota roadways.¹
North Dakota is a no-fault state, so accident victims must first rely on their own auto insurance (or for passengers, the host driver’s insurance) for personal injury claims.
Drivers who violate North Dakota car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to protect your interests.
North Dakota drivers are required to stop at the scene of an accident involving injury or property damage. The law says you must provide your name, address, and auto insurance information, as well as the name and address of the person who owns the vehicle (if it’s not yours) to the other driver and occupants of the involved vehicles.
If you hit a parked and unattended vehicle in North Dakota, you are obligated to try to locate the owner and give them your information. If you can’t find the owner, you must attach a note with your contact information, insurance information, and an explanation of what happened.
Try to avoid blocking traffic, if possible.
In North Dakota, drivers are required to report any accident to the police that involves an injury, death, or property damage over $4,000 to the nearest available law enforcement officer. Calling 911 and waiting for police to arrive satisfies your obligation to report the crash.
North Dakota requires drivers to render reasonable aid to anyone injured in the accident, including arranging transportation to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone may be injured or is asking for medical help.
No. North Dakota has a “Good Samaritan” law that protects anyone from liability who renders emergency care or services in good faith during an emergency, such as a motor vehicle accident.
Never refuse or delay medical attention after an accident. You may be stunned or experiencing an adrenaline surge from the crash impact that’s masking symptoms of serious injuries.
Let paramedics evaluate you at the scene. Be honest about your symptoms. If they want to transport you to the hospital, let them take you. If you aren’t taken to the hospital in an ambulance, seek medical attention on your own. See your doctor or visit an urgent care center, preferably on the same day as the accident.
Delaying medical attention after a vehicle accident not only endangers your health, it also gives the insurance company an excuse to deny or minimize your claim. The adjuster will say your injuries aren’t from the crash, or that you failed to mitigate your damages.
Tell the medical provider about every injury and symptom, not just the most painful ones. You are entitled to compensation for all your injuries, but you’ll need a record linking your injuries to the accident. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
Yes. Your Personal Injury Protection (PIP) benefits should cover a full medical evaluation after an accident, including the cost of CT scans or other tests needed to rule out more serious injuries. You’ll need copies of your medical records to support your claim.
North Dakota is a no-fault state, meaning you must start with your own auto insurance for personal injury claims no matter who caused the accident. However, no-fault PIP benefits are limited to $30,000 for injuries and pay nothing for vehicle damage.
If you have an injury claim that exceeds the no-fault threshold, or you want the at-fault driver to pay for your property damage, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
Police crash reports may be ordered from the North Dakota State Highway Patrol for a small fee.
North Dakota drops one point from your driving record for every three months without additional points.
If you are handling your own insurance claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.
North Dakota is a no-fault state, so injury claims are first made on your own PIP coverage. If medical expenses exceed the no-fault threshold, you can make a claim against the at-fault driver’s liability coverage.
PIP doesn’t cover vehicle damage, so you’ll need to make a claim against the at-fault driver’s insurance company for your property damage.
Even if you don’t intend to make a PIP claim, you must notify your own insurance company.
Your auto policy is a legally binding contract that includes “notification and cooperation” language. This language requires you to notify your insurance company of an accident right away, no matter who’s at fault. In return, your insurer must defend you against lawsuits filed by other people involved in the accident.
For example, if you’re sued, your insurance company will usually pay for a lawyer to defend you in court. You risk losing that protection if you fail to notify your insurance company or don’t cooperate with their accident investigation.
If you hire an attorney, you won’t have to deal directly with either insurance company. Your attorney will look out for your best interest with both companies. Severe or complicated cases should always be handled by an experienced personal injury attorney.
North Dakota has a six-year statute of limitations for most personal injury claims. Adults must settle their insurance claim or file a personal injury lawsuit within six years of the accident date.
North Dakota is a no-fault state, so most personal injury claims must first be submitted to your own auto insurance company. When your injuries exceed the no-fault threshold, you have the right to demand compensation from the at-fault driver, through their insurance company or by naming them in a lawsuit.
Injuries exceed the North Dakota no-fault threshold when medical expenses are more than $2,500 or the injuries result in “serious and permanent disfigurement or disability” lasting more than 60 days.
When you go after the at-fault parties for compensation, you must prove the other driver’s fault to the insurance company or a jury.
Fault for a rear-end collision usually falls on the driver who was following too closely to stop safely.
North Dakota traffic law requires drivers to allow a reasonable distance between vehicles, depending on the traffic speed and road conditions.
Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection or when turning left.
Driving left-of-center is almost always the cause of head-on collisions. North Dakota requires drivers to stay on the right side of the roadway, except when avoiding an obstruction or passing on the left when the lane is free from approaching traffic.
North Dakota is a 50-percent modified comparative fault state, meaning you can seek compensation from the other party so long as you are not equally or more to blame than the other party. Your final compensation will be reduced by your percentage of fault.
Example of Comparative Fault in North Dakota
Caleb was driving his old pickup along Main Street in Horace on his way home from work. It was getting dark and starting to snow. His taillights weren’t working. Caleb kept meaning to replace the fuse but hadn’t got around to it yet.
Jerry was also traveling on Main Street, driving his SUV behind the old pickup.
When a few deer darted into the roadway, Caleb slammed on his brakes. Jerry didn’t realize Caleb was stopping until it was too late to avoid slamming into the back of the pickup. Caleb, who wasn’t wearing a seatbelt, was seriously injured.
Months later, Caleb made a claim for $40,000 against Jerry’s insurance company. When the adjuster countered with a $2,000 offer, Caleb filed a lawsuit.
After hearing from both sides during trial, the jury determined that Jerry was 60 percent to blame for the collision because he was following too closely for the road conditions. However, Caleb was 40 percent to blame because his taillights weren’t working and because he wasn’t wearing a seatbelt.
Caleb was awarded $24,000, representing a 40 percent payout reduction to account for his share of the fault.
The average settlement for a moderate car accident claim in North Dakota is $40,433, with average payouts ranging from $5,707 for minor injuries to $193,640 for severe injuries.
Multi-million dollar car accident payouts are rare, and not included in calculations of averages, to avoid inflating the average payout for the group.
Injury settlements in North Dakota can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
Commercial vehicles, like airport vans and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
All motor vehicles registered in North Dakota must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $25,000 for property damage, or provide other proof of financial responsibility.
North Dakota requires auto policies to provide bodily injury uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits.
Not unless your injuries exceed North Dakota’s no-fault threshold. This means you have medical expenses exceeding $2,500 or “serious and permanent disfigurement or disability” lasting more than 60 days.
Minor injury claims must be made under your own no-fault Personal Injury Protection (PIP) coverage. You may submit your medical bills, out-of-pocket medical expenses, proof of wage loss, and the cost of replacement services, like snow removal. PIP does not pay for pain and suffering.
Serious injury claims should be handled by an experienced personal injury attorney to ensure the best outcome for the victim, including compensation for past and future medical expenses, lost earning capacity, and the pain and suffering experienced that comes with disabling physical injuries.
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