Disclaimer: This article provides general information about North Dakota law and is not legal advice.
Understanding Medical Records in North Dakota Car Accident Claims
When you suffer injuries in a car accident, medical records serve as the backbone of your injury claim. You use them to show the nature, extent, and cost of your treatment. Insurers rely on clear, complete documentation to evaluate PIP benefits and liability claims. If you pursue a lawsuit, you must produce records under North Dakota’s rules of civil procedure.
1. Collect All Relevant Medical Treatment Records
- Emergency & Hospital Records: Admission notes, triage sheets, discharge summaries, imaging reports (X-ray, CT, MRI).
- Provider Notes: Physician progress notes, consultations, surgical reports.
- Therapy & Rehabilitation: Physical therapy notes, chiropractic or occupational therapy records.
- Billing & Receipts: Itemized bills, Explanation of Benefits (EOBs), pharmacy receipts.
- Prescription History: Medication logs, pharmacy print-outs.
2. Organize and Document in Chronological Order
Arrange records by date. Create a simple index or cover sheet listing each document and page number. Number every page to help insurers and attorneys reference specific entries quickly. Consider combining all PDF files into one unified file for ease of upload.
3. Obtain a HIPAA-Compliant Authorization
Most providers require a signed authorization form under HIPAA to release records. Request a standard form from each office. Specify date ranges and types of records you need. Keep copies of every release you sign.
4. Submit Records for PIP Benefits or Liability Claim
North Dakota is a no-fault state with Personal Injury Protection (PIP) benefits. You submit records to your own insurer first.
- Deadline for Proof of Loss: See NDCC §26.1-37-04. You typically must file “proof of loss” within 60 days of treatment to qualify for PIP benefits. Link: NDCC §26.1-37-04.
- Submission Methods: Use your insurer’s online portal, email, or certified mail. Include a cover letter summarizing your claim, policy number, and insured’s name.
- At-Fault Party’s Insurer: After PIP limits, submit records to the at-fault driver’s insurer. Follow their requests precisely and track all correspondence.
5. Preserve Records for a Potential Lawsuit
If you cannot settle, you may file a personal injury lawsuit. Under NDCC §28-01-16, you have six years from the date of injury to file. Link: NDCC §28.1-01-16. During discovery, you must produce medical documents under the North Dakota Rules of Civil Procedure (NRCP).
Helpful Hints
- Keep both digital and paper copies of every document.
- Follow up with providers if records are incomplete or missing.
- Use a spreadsheet to track treatment dates, costs, and providers.
- Send submissions via certified mail and retain tracking receipts.
- Review your insurance policy for any additional requirements or deadlines.