North Dakota Car Accident Settlement Process and Timeline

Auto accidents are the surprise you never wanted. Inconvenient at best, they can also be expensive, frustrating, and life-altering. As the shocking suddenness of the moment passes and your heart rate returns to near normal, it's normal to wonder about what happens next.

Whether you use it to get to work, take the kids to practice, or run a million errands, your vehicle is a crucial part of your life. Getting it back into safe and running condition is an utmost priority. But dealing with insurance companies can be a special kind of headache. Understanding how your recovery process will unfold can give you some peace of mind.

This article will focus on the North Dakota Car accident settlement process and timeline. We'll examine pertinent state laws and regulations such as insurance coverage, police accident reports, and injury claims. But our main goal is to explain and prepare you for each unique step of the method insurance companies use to settle accident claims.

Read on to learn about the car accident settlement process and timeline in North Dakota.

North Dakota Car Accident Laws and Police Reports

You have certain legal obligations after a car crash in North Dakota. For instance, you should never leave the scene of an accident without, at the very least, speaking to the other involved driver(s) and exchanging contact and insurance information.

Deciding whether to summon law enforcement is not up to you. They must be called if certain qualifiers are met, including:

• A fatality

• At least $4,000 of property damage

• Any injuries

Knowing exactly what to do after an accident is helpful, but remembering at least a few important ones can make a big difference. Check yourself and everyone else involved in the accident for serious injuries. Offer aid if you can. When you call 911, make sure to let the operator know if someone requires urgent medical treatment.

Even if the police are coming, exchange information with the other drivers. This should include:

• Name, address, phone number, birth date

• Insurance company name and insurance policy numbers

• License plate numbers

• Driver's license numbers

If anyone saw the accident, try to get their contact information and a witness statement.

When they arrive, the police will make sure everyone is okay before writing up the crash report. This incredibly important document is part of what the insurance companies will use to determine fault and how to award damages. Be truthful and honest when giving your side of the story, but avoid taking blame if possible.

You’ll need copies of the crash report for insurance property and injury claims, as well as any potential lawsuits. You can obtain a copy from the North Dakota Crash Record Database for $7.

For an in-depth study of this crucial report, visit FindLaw's North Dakota Car Accident Report Basics article.

Fault and Negligence in North Dakota

Before you pursue damages in North Dakota, it's a good idea to have a handle on the systems you'll be interacting with. North Dakota is one of the few no-fault states. This means that your insurance will cover your medical expenses after the accident.

North Dakota also uses a modified comparative negligence system, which affects recovery from accidents in a couple of ways. If you're found to be more than 50% responsible for causing the accident, you are barred from receiving any damages.

On the other side of the equation, you are eligible to be awarded damage recovery if you're less than 50% to blame. The amount you receive will be reduced by the percentage you were determined to be at fault. If your damages are $10,000 but you were found to be 10% responsible, you'd be awarded $9,000.

To better understand what financial damages you can receive in North Dakota, consult FindLaw's North Dakota Car Accident Compensation Laws article. If you feel you’re in over your head, contact a North Dakota car accident attorney for legal advice.

North Dakota Car Insurance Laws

In most instances, liability insurance policies will cover damages from auto accidents. North Dakota requires its drivers to carry minimum coverage in a few different types of car insurance. While the state recommends getting higher amounts of coverage, these are the types and the minimums you must have:

• Bodily injury liability: $25,000 per person/$50,000 per accident; bodily injury liability covers claims brought against you for bodily injury caused to another person if you're deemed negligent

• Property damage liability: $25,000 per accident; property damage liability provides coverage for claims brought against you for damage caused to someone else's property through the operation of your vehicle

• Basic no-fault (or PIP, personal injury protection): $30,000 per person; basic no-fault provides coverage for economic loss, such as work loss and medical bills, as a result of an accident

• Uninsured motorist coverage: $25,000 per person/$50,000 per accident; uninsured motorist coverage provides coverage for a bodily injury claim you would have against another driver who doesn’t have insurance

• Underinsured motorist coverage: $25,000 per person/$50,000 per accident (underinsured motorist coverage must be equal to uninsured motorist coverage); underinsured motorist coverage provides coverage for a bodily injury claim you would have against another driver whose liability coverage is less than your underinsured coverage

While lawsuits are an option for recovery, most claims are settled and paid out by the insurance companies of the involved drivers.

North Dakota Insurance Settlement and Timeline

Armed with what you learned above, you can consult the chart below for a step-by-step timeline of what is required from both you and the insurance companies during the claims process.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

How Do Car Accident Settlements Work in North Dakota?

While you may envision your personal injury suit featuring lawyers conducting savage cross-examinations and yelling a heated "OBJECTION!" in the courtroom, chances are you won't get that chance.

In North Dakota, you have limited options to recover damages because of the no-fault system. You can file a lawsuit against the other driver or an insurance company only in cases of a serious car accident involving:

• Claims exceeding $2,500 in medical expenses

• Claims involving serious injuries and permanent disfigurement or disability lasting more than 60 days

Most of the time, car accident cases are settled with an insurance company or during settlement negotiations. Court cases are risky, time-consuming, and expensive. So, expect settlements to be resolved by negotiations.

If you need to file a personal injury claim, you must do so before the statute of limitations expires. In North Dakota, you have six years before your window of opportunity closes.

Get Professional Help With Your North Dakota Car Accident Settlement

In addition to North Dakota's no-fault system, many other laws can come into play in a car accident case. Even if your case doesn't reach the trial phase, you should still consider contacting an experienced attorney to explore your legal options. Protect yourself by getting a free case evaluation from an experienced personal injury lawyer.