Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an accident injures you, securing the at-fault driver’s insurer’s acceptance of liability can streamline compensation. Under North Dakota law, every motorist must carry liability insurance to cover bodily injury (N.D. Cent. Code § 26.1-04-01). If you follow key steps and comply with statutory requirements, you improve your chances of a prompt admission of fault and payment of medical bills, lost wages, and other damages.
1. Report the Accident Promptly
North Dakota law requires that any accident involving injury or significant property damage must be reported to law enforcement. Obtain a copy of the police report. This document often becomes the insurer’s primary source to establish fault.
2. Seek and Document Medical Treatment
Get medical care immediately. Keep all medical records, bills, and doctor’s notes. Early treatment shows causation and injury severity. Insurers review these records before accepting liability.
3. Gather and Preserve Evidence
- Photograph the scene, vehicles, road conditions, and injuries.
- Collect contact information for witnesses.
- Keep repair estimates for vehicle damage.
4. Provide Timely Written Notice
Send a written notice of your claim to the at-fault party’s insurer within 30 days of the accident. Include your name, date of loss, location, and a concise description of injuries and damages. Written notice ensures you comply with the insurer’s internal deadlines and preserves your rights.
5. Understand the Insurer’s Duties under North Dakota Law
North Dakota prohibits unfair claim settlement practices. Under N.D. Cent. Code § 26.1-40-13, an insurer must:
- Acknowledge and respond to communications promptly.
- Conduct a reasonable investigation.
- Accept or deny a claim within a reasonable time.
- Provide a written explanation for any denial.
6. Submit a Demand Package
Create a demand letter or package that details your liability evidence, medical documentation, wage loss summaries, and repair estimates. A clear, organized demand demonstrates the strength of your claim and encourages the insurer to admit fault rather than contest liability.
7. Follow Up and Enforce Response Deadlines
If the insurer delays or denies without a valid reason, remind them of their obligations under N.D. Cent. Code § 26.1-40-13. You may send a follow-up letter citing the statute and asking for a status update.
Helpful Hints
- Keep detailed records of all communications with the insurer, including dates, times, and names of representatives.
- Make copies of every document you send or receive.
- Respect all notice deadlines in your policy and state law.
- Consider hiring a personal injury attorney if the insurer still refuses liability or undervalues your claim.
- Be patient but persistent: insurers often negotiate once they see you have strong documentation.