Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer: Claiming Loss-of-Use and Rental Car Expenses in North Dakota
North Dakota law allows you to recover loss-of-use or rental car expenses as part of your economic damages following a car accident. If the at-fault driver’s insurance policy limits are exhausted, you can explore these options:
- Underinsured Motorist (UIM) Coverage
North Dakota insurers must offer underinsured motorist coverage (UIM) by statute. If you purchased UIM, you can file a claim with your own insurer after the at-fault driver’s insurer pays its policy limits. UIM coverage will respond to cover your outstanding rental costs up to your UIM limit. See N.D. Cent. Code § 26.1-40-05: ndlegis.gov/cencode/t26c01-40-05.html. - Collision Coverage and Subrogation
If you carry collision coverage, your insurer may reimburse you for rental expenses and vehicle repairs. After payment, your insurer has the right to subrogate against the at-fault driver or insurer to recover those costs. North Dakota law recognizes rental charges as recoverable damages for wrongful injury to personal property. See N.D. Cent. Code § 32-18-01: ndlegis.gov/cencode/t32c18-01.html. - Direct Lawsuit Against the At-Fault Driver
Once the insurer’s policy limits are paid out, you can sue the at-fault driver personally for additional economic losses, including documented rental-car expenses. North Dakota courts permit recovery of reasonable rental costs incurred due to a defendant’s negligence, provided you keep itemized records. - Credit Card or Third-Party Rental Reimbursement
Many credit cards offer rental reimbursement coverage. Review your card agreement for eligible daily limits, duration, and required documentation. Submit a claim to your credit card issuer to cover unpaid rental fees. - Umbrella or Excess Liability Policies
If you or the at-fault party maintain an umbrella or excess liability policy, those policies may provide additional coverage once primary limits are exhausted. - Small Claims Court
For modest rental expenses within the small claims jurisdictional limit, you can file a claim in small claims court without an attorney. North Dakota’s small claims procedure is set out in N.D. Cent. Code § 28-27.2: ndlegis.gov/cencode/t28c27-2.html.
Helpful Hints
- Keep all rental invoices, contracts, and return receipts. Detailed records strengthen your claim.
- Notify your insurer about any UIM or collision coverage claims as soon as possible to preserve rights.
- Track rental start and end dates, daily rates, mileage limits, and return condition.
- Check your insurance declarations page for coverage limits, deductibles, and exclusions.
- Explore alternative transport options (rideshare, public transit) to reduce daily rental costs.
- Consider mediation before filing a lawsuit; it may speed resolution and lower legal fees.