Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Obtain and Review the Official Accident Report
Under North Dakota law, drivers must report collisions that cause injury, death, or property damage. See N.D. Cent. Code § 26.1-29-03 and § 26.1-29-05. Request a certified copy from the law enforcement agency. Carefully compare the facts in the report to your own recollection and notes.
2. Request Corrections from Law Enforcement
If the report contains errors, submit a written request for correction or supplement to the issuing agency. Include witness statements, photos, or video that support your version. Agencies generally allow you to amend factual inaccuracies to ensure the official record reflects the true events.
3. Provide Supporting Evidence to Your Insurer
Once you secure a corrected or supplemental report, send it to the insurance company with a clear cover letter. Attach any additional evidence, such as witness affidavits, medical records, or repair estimates. Highlight how the inaccuracies affect liability or damages.
4. Use Your Policy’s Dispute or Appraisal Provisions
Many auto policies include appraisal or dispute-resolution clauses. Review your policy for steps to challenge a coverage decision or valuation. If the insurer still relies on the flawed report, initiate appraisal or mediation under your contract. This process brings in a neutral appraiser to reassess fault and damages.
5. File a Complaint with the North Dakota Insurance Department
If the insurer refuses to consider corrected information or acts unfairly, file a complaint with the North Dakota Insurance Department at nd.gov/ndins/complain.html. The Department enforces the state’s unfair claim settlement practices prohibition under N.D. Cent. Code § 26.1-02-38.
6. Consider Legal Action for Bad Faith or Contract Breach
If the insurer’s reliance on a wrong report causes undue delay or undervaluation, you may sue for breach of contract or bad-faith denial. North Dakota’s six-year statute of limitations for insurance contracts applies. See N.D. Cent. Code § 28-01-16. Consult an attorney promptly to preserve your rights.
Helpful Hints
- Act quickly. Request reports and corrections as soon as possible.
- Keep detailed notes of dates, times, and communications with both law enforcement and your insurer.
- Gather independent evidence: photos, videos, GPS data, or witness contacts.
- Send all documents via certified mail or with delivery tracking.
- Review your insurance policy for specific dispute or appraisal deadlines.
- Document any unfair practices—such as unreasonable delays or refusal to investigate corrected facts—to support a bad-faith claim.