Pursuing Compensation for Vehicle Damage Separately from Bodily Injury in North Dakota

This FAQ explains how to file a separate claim for vehicle damage after an auto accident under North Dakota law. It covers key steps, deadlines, and best practices to help you recover repair costs or diminished value without combining them with bodily injury claims.

Detailed Answer

1. Report the Accident and Document Damage

Immediately after an accident, call law enforcement and ensure a police report is filed. Take clear photos of all vehicle damage, the accident scene, and any relevant road signs or skid marks. Gather witness contact information.

2. Notify Insurers Promptly

Contact your own insurer and the at-fault driver’s insurer as soon as possible. Under N.D. Cent. Code § 26.1-38-07, you must report claims to trigger the insurer’s duty to investigate. Provide accident details, photos, and the police report number.

3. Obtain Repair Estimates and Diminished Value Assessments

Get written estimates from at least two licensed repair shops. If you believe your vehicle’s market value dropped due to the accident, request a diminished value appraisal. Keep all estimates and invoices.

4. Distinguish Property Damage from Bodily Injury

Handle property damage and bodily injury as separate claims:

• Property damage: Covers repair costs, replacement value, and diminished value.
• Bodily injury: Covers medical bills, pain and suffering, lost wages, and related damages.

Keep records for each category in separate files to avoid confusion during settlement negotiations or litigation.

5. Negotiate Directly or via Appraisal/Umpire

If negotiations stall, review your policy’s appraisal clause. You or the insurer can demand an appraiser. If appraisers disagree, an umpire resolves the dispute.

6. File a Lawsuit if Negotiations Fail

Under North Dakota’s statutes of limitation:

• Property damage claims: six years from the accident date (N.D. Cent. Code § 28-01-16).
• Bodily injury claims: two years from the injury date (N.D. Cent. Code § 28-01-18).

File your lawsuit in the appropriate court before these deadlines. For claims under $12,000, consider Small Claims Court in your county.

Helpful Hints

• Keep all communication in writing—emails or certified letters—to create a clear record.
• Retain original repair estimates and medical bills; insurers may request originals for verification.
• Obtain a rental vehicle agreement if you need transportation during repairs. Many policies cover rental costs.
• Consider hiring a public adjuster if insurers undervalue your damage claim.
• Review your auto policy for depreciation, deductible, and appraisal clauses.
• Consult a personal injury attorney if the at-fault insurer denies liability or undervalues your claim.

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.