How to Ensure the At-Fault Party’s Insurer Accepts Liability for Medical Expenses in ND

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer

This article provides general information on North Dakota law. It does not constitute legal advice. Consult a qualified attorney to address your unique situation.

Detailed Answer

North Dakota uses a fault-based auto insurance system. To ensure the at-fault party’s insurer accepts liability for your medical bills, follow these steps:

1. Establish Negligence

Liability depends on proving four elements: duty, breach, causation and damages. An at-fault driver owes you a duty to operate safely. Breach occurs when they violate traffic rules or drive carelessly. You must show that breach caused your injury and medical costs.

2. Gather and Preserve Evidence

  • Obtain the official crash report from the North Dakota Highway Patrol or local law enforcement.
  • Photograph the scene, vehicle damage and visible injuries.
  • Collect witness names and statements.
  • Keep all medical records, invoices and itemized bills for treatment.

3. Provide Timely Notice and Proof of Loss

Under the Unfair Claim Settlement Practices Act, NDCC § 26.1-08-15, an insurer must acknowledge or deny coverage within 15 business days after receiving your proof of loss. Link: NDCC 26.1-08-15.

Submit a written proof of loss to the at-fault driver’s insurer as soon as possible. Include:

  • Accident details and date.
  • Medical reports and itemized treatment costs.
  • Copies of diagnostic tests and physician notes.

4. Send a Detailed Demand Letter

Draft a demand letter summarizing facts, injuries, treatment and total medical expenses. Attach supporting documents. Clearly request payment of your medical bills and state a reasonable deadline (e.g., 30 days).

5. Track Communications and Deadlines

  • Record dates you sent notices, proofs of loss and demand letters.
  • Follow up in writing if the insurer does not respond within statutory timeframes.
  • Comply with the six-year statute of limitations for personal injury suits under NDCC § 28-01-18 (NDCC 28-01-18).

6. Prepare for Negotiation or Litigation

If the insurer denies or undervalues your claim, you can:

  • Request an internal review or appeal the denial.
  • Mediation: some insurers agree to mediation.
  • File a lawsuit in district court to enforce your rights.

North Dakota follows pure comparative negligence under NDCC § 26.1-09-02. Even if you share some fault, you can recover a percentage of your medical expenses. Link: NDCC 26.1-09-02.

Helpful Hints

  • Seek medical care immediately and follow your provider’s plan.
  • Keep all original bills and records; insurers may request duplicates.
  • Ask your medical providers to send bills directly to the insurer.
  • Consider hiring an attorney early if the insurer disputes liability.
  • Use certified mail or a delivery service with tracking for all correspondence.
  • Maintain a separate folder or digital file for your claim documents.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.