What to do next after you get the crash report in North Dakota
This guide explains practical, step-by-step actions you can take after you receive a law-enforcement crash report in North Dakota. It outlines how to preserve evidence, handle insurance, decide whether to send a demand or file a lawsuit, and when to consult an attorney. This is educational information only and is not legal advice.
Detailed answer — step-by-step actions
1. Read and preserve the crash report
Carefully review the report for accuracy: parties involved, insurance information, location, officer observations, diagrams, witness names, and the crash report number. Save a certified copy if you can — many insurers and courts prefer or require certified copies rather than photocopies. If the report contains errors, contact the agency that prepared it (city/town police, county sheriff, or North Dakota Highway Patrol) to learn how to request corrections or supplemental reports.
Helpful links:
- North Dakota Highway Patrol: https://www.nd.gov/ndhp/
- North Dakota Department of Transportation (crash-records guidance): https://www.dot.nd.gov/
2. Get medical care and document injuries
Seek medical attention right away for any injury, even if it seems minor. Medical records create the primary proof of injury, treatment, and prognosis. Keep all medical bills, prescriptions, therapy records, and diagnostic images (X-rays, MRIs). Maintain a written symptom diary describing pain, limitations, and how injuries affect daily life.
3. Preserve all evidence
Collect and preserve evidence tied to the crash: photos of vehicle damage, road conditions, traffic signs, skid marks, personal injuries, and clothing. Save records of vehicle repairs and rental receipts. Keep contact information for witnesses and note when and where you spoke with them.
4. Notify your insurer and record communications
Report the crash to your auto insurer as required by your policy. Provide the crash report number and a factual description. Be cautious in recorded statements: give facts, avoid guessing, and don’t admit fault. Keep a log of every call, letter, and email with insurance companies, including dates, names, and summaries of conversations.
5. Request the other driver’s insurance information and investigate coverage
Use the crash report to get the other driver’s insurer and policy number. If the at-fault driver has little or no insurance, ask your insurer about uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage processes and limits vary by policy.
6. Assess damages and decide next steps
Compile economic damages (medical bills, lost wages, vehicle repairs) and non‑economic damages (pain and suffering, disability, loss of enjoyment). Once you have a clearer picture of your damages, you can consider sending a demand letter to the at-fault driver’s insurer asking for compensation. A demand should include a factual summary, medical records, bills, invoices, and a clear settlement demand.
7. Consider negotiation or alternative dispute resolution
Insurers often respond to a demand with a settlement offer. You can negotiate directly or through an attorney. If negotiation stalls, mediation or arbitration may be options if both sides agree or a policy requires it.
8. Know when to file a lawsuit
If negotiations fail, you may need to file a civil lawsuit to protect your claim. Filing starts the formal court process. Before filing, review applicable time limits and procedural requirements so you do not miss deadlines that could bar your claim.
North Dakota statutes set time limits and rules for civil actions. See North Dakota Century Code, Title 28 (Limitation of Actions) for details and related court rules: https://www.legis.nd.gov/cencode/titles/28. For court procedures and local rules, consult the North Dakota Supreme Court and district court websites: https://www.ndcourts.gov/.
9. Know what a lawyer can do for you
An attorney can evaluate liability and damages, obtain and interpret evidence, handle communications with insurers, prepare and send a demand, and file suit and represent you in court if needed. If you choose to consult an attorney, bring the crash report, medical records, photos, repair estimates, and all insurance correspondence.
Important North Dakota legal points to keep in mind
- Time limits matter. Confirm the applicable limitation period before deciding not to act. See North Dakota Century Code, Title 28: https://www.legis.nd.gov/cencode/titles/28.
- Crash reports are helpful but not dispositive. They reflect officer observations and initial fault assessments, but they do not replace other evidence (medical records, witness statements, photos, expert opinions).
- Insurance policies control recoveries. Policy limits and coverage types (liability, UM/UIM, medical payments) determine how much you can recover directly from an insurer.
Helpful hints
- Order a certified copy of the crash report from the agency that created it — certified versions are often accepted by insurers and courts.
- Get medical care immediately and follow your treatment plan. Gaps in treatment can weaken a claim.
- Keep all receipts and a clear log of lost work time and out‑of‑pocket expenses.
- Do not sign releases or accept final settlement offers without understanding how they affect future claims; a full release typically ends your right to pursue further compensation.
- Be cautious in recorded statements to insurers: state only the facts you know, and avoid speculation about fault or future symptoms.
- If the at-fault party is uninsured or underinsured, check your own UM/UIM coverage limits and discuss options with an insurance adjuster or lawyer.
- Talk to a lawyer early if the injuries are serious, liability is disputed, or damages exceed policy limits. Many personal injury attorneys offer free consultations and work on contingency (they are paid a fee only if you recover).
Disclaimer: This information is educational and does not constitute legal advice. Laws change and facts matter. To get advice tailored to your situation, consult a licensed North Dakota attorney.