Disclaimer
This article provides general information on North Dakota law. It does not constitute legal advice. Consult a qualified attorney to address your unique situation.
Detailed Answer
North Dakota uses a fault-based auto insurance system. To ensure the at-fault party’s insurer accepts liability for your medical bills, follow these steps:
1. Establish Negligence
Liability depends on proving four elements: duty, breach, causation and damages. An at-fault driver owes you a duty to operate safely. Breach occurs when they violate traffic rules or drive carelessly. You must show that breach caused your injury and medical costs.
2. Gather and Preserve Evidence
- Obtain the official crash report from the North Dakota Highway Patrol or local law enforcement.
- Photograph the scene, vehicle damage and visible injuries.
- Collect witness names and statements.
- Keep all medical records, invoices and itemized bills for treatment.
3. Provide Timely Notice and Proof of Loss
Under the Unfair Claim Settlement Practices Act, NDCC § 26.1-08-15, an insurer must acknowledge or deny coverage within 15 business days after receiving your proof of loss. Link: NDCC 26.1-08-15.
Submit a written proof of loss to the at-fault driver’s insurer as soon as possible. Include:
- Accident details and date.
- Medical reports and itemized treatment costs.
- Copies of diagnostic tests and physician notes.
4. Send a Detailed Demand Letter
Draft a demand letter summarizing facts, injuries, treatment and total medical expenses. Attach supporting documents. Clearly request payment of your medical bills and state a reasonable deadline (e.g., 30 days).
5. Track Communications and Deadlines
- Record dates you sent notices, proofs of loss and demand letters.
- Follow up in writing if the insurer does not respond within statutory timeframes.
- Comply with the six-year statute of limitations for personal injury suits under NDCC § 28-01-18 (NDCC 28-01-18).
6. Prepare for Negotiation or Litigation
If the insurer denies or undervalues your claim, you can:
- Request an internal review or appeal the denial.
- Mediation: some insurers agree to mediation.
- File a lawsuit in district court to enforce your rights.
North Dakota follows pure comparative negligence under NDCC § 26.1-09-02. Even if you share some fault, you can recover a percentage of your medical expenses. Link: NDCC 26.1-09-02.
Helpful Hints
- Seek medical care immediately and follow your provider’s plan.
- Keep all original bills and records; insurers may request duplicates.
- Ask your medical providers to send bills directly to the insurer.
- Consider hiring an attorney early if the insurer disputes liability.
- Use certified mail or a delivery service with tracking for all correspondence.
- Maintain a separate folder or digital file for your claim documents.