Detailed Answer
In North Dakota, when multiple parties share fault for your losses but the at-fault parties’ combined insurance limits cannot cover all your expenses, you have several legal paths to recover the unpaid portion. Below is an overview of how to proceed under North Dakota law:
1. Identify All At-Fault Parties
First, determine every potential defendant whose negligence or wrongful act contributed to your injury or damage. You can pursue recovery from each party directly in civil court.
2. Direct Lawsuit Against Individual Tortfeasors
If one insurer’s policy limit is exhausted, you may sue each at-fault party for their individual share of fault. North Dakota employs a comparative-fault system under which each defendant pays only for the percentage of fault attributed to them.
3. Contribution Among Joint Tortfeasors
North Dakota allows contribution actions where one tortfeasor (or their insurer) pays more than their fair share and seeks reimbursement from other joint tortfeasors. Under NDCC §32-03.2-02, you can file a claim for contribution to make each party proportionately responsible for the excess:
4. Several Liability and Joint Claims
North Dakota law separates joint liability into several liability. You can pursue multiple tortfeasors in the same lawsuit, and the court allocates damages according to fault:
5. Uninsured/Underinsured Motorist Coverage (If Applicable)
If your own automobile policy includes uninsured/underinsured (UM/UIM) coverage, you may claim the shortfall between the at-fault driver’s policy limit and your total losses. North Dakota mandates offering UM/UIM coverage under:
6. Statute of Limitations
File any lawsuit within two years of the date of injury or damage, per NDCC §28-01-18. Missing this deadline generally bars your claim.
7. Practical Steps
- Gather evidence of each partyʼs fault (photos, witness statements, expert reports).
- Obtain declarations of insurance limits early by sending a written request to insurers.
- Consider mediation or settlement conferences to resolve contribution disputes.
- If one insurer pays the policy limit, promptly serve remaining tortfeasors with a contribution complaint.
Helpful Hints
- Document all communications with insurers and at-fault parties to preserve your right to contribution.
- Review your own insurance policy for UM/UIM coverage; it often fills gaps left by at-fault insurers.
- Keep track of deadlines; North Dakota’s two-year statute of limitations is strict.
- Consider filing a declaratory-judgment action to establish coverage and policy limits early in the case.
- Consult a personal injury attorney to ensure proper allocation and maximize your recovery.