Determining the At-Fault Driver’s Insurance Coverage in North Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
After a car accident, identifying the at-fault driver’s insurer helps you pursue compensation efficiently. North Dakota law and common practices offer several paths to uncover this information:
1. Review the Police Accident Report
Police reports typically record the at-fault driver’s insurance details, including insurer name and policy number. In North Dakota, law enforcement agencies complete accident reports that you can obtain from the responding department or the North Dakota Highway Patrol.
2. Contact Your Own Insurer
Your insurer has an interest in subrogation or uninsured/underinsured motorist coverage. They will investigate the at-fault driver’s identity and insurer. Under North Dakota Century Code § 26.1-41-05, insurers must file evidence of automobile liability insurance with the Department of Transportation. Insurers use motor vehicle records and claims databases to verify coverage and will share the at-fault insurer’s name once identified. Learn more: NDCC § 26.1-41-05.
3. Request Records from the North Dakota Department of Transportation
The Department of Transportation’s Motor Vehicle Division maintains proof-of-insurance filings for vehicle registration. You may submit a public records request to obtain this information. Include the at-fault driver’s name, license plate, and vehicle identification number (VIN) to streamline your request.
4. Use Civil Discovery in a Lawsuit
If negotiations stall or you file suit, North Dakota Rules of Civil Procedure allow you to serve interrogatories and document requests seeking the at-fault driver’s insurer. For example, you can ask, “Please state the name and address of any insurance company that may be liable for all or part of the judgment in this action.” The court can compel disclosure if the at-fault driver fails to respond.
Helpful Hints
- Obtain and review the full police report early.
- Keep detailed notes of communications with insurers and state agencies.
- Submit written public records requests to the Department of Transportation.
- Check with private loss-reporting services or databases for quick insurer lookup.
- Consider hiring a licensed attorney to assist with discovery and compliance.