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Short answer

If an insurer denies your injury claim after a minor crash, the typical path is: carefully read the denial and your policy; compile and submit an organized appeal to the insurer; consider filing a complaint with the North Dakota Insurance Department; and, if needed, pursue arbitration or a civil lawsuit. Acting quickly, keeping complete records, and following any policy deadlines are essential.

Detailed explanation of the process

1) Read the denial and your policy

Start by reading the insurer’s denial letter and the specific policy language that the company relied on. The denial letter should say why the claim was denied (e.g., lack of medical causation, late notice, excluded medical service, or dispute over fault). Locate the relevant sections in your policy for coverage, notice requirements, arbitration/appraisal clauses, and time limits.

2) Gather evidence and build your file

Collect everything that supports your claim. Typical items include:

• Police report or crash report, if any.
• Photos of the vehicles, scene, and injuries.
• Medical records, provider notes, test results, and itemized bills.
• Evidence of lost wages (pay stubs, employer note).
• Witness names and statements.
• The insurer’s entire denial letter and any previous communications.

3) Send a clear written appeal to the insurer

Most insurance companies have an internal review or appeal process. Prepare a concise appeal packet that addresses each reason the insurer gave for denial. Include corrected or additional medical records, a short timeline of events, and a cover letter asking the company to reconsider. Send the appeal by certified mail or another method that creates a delivery record.

4) Use statutes and regulators as leverage

North Dakota regulates insurance through the North Dakota Insurance Department and the insurance provisions in the North Dakota Century Code (Title 26.1). You can consult these resources to better understand the insurer’s obligations and to find the insurance department’s complaint process:

• North Dakota Century Code, Title 26.1 (Insurance Code): https://www.legis.nd.gov/cencode/t26-1
• North Dakota Insurance Department (consumer help and complaint filing): https://www.nd.gov/ndins

5) File a complaint with the North Dakota Insurance Department

If your appeal to the company fails or stalls, file a complaint with the state insurance regulator. The department can review the insurer’s handling of your claim, request records from the company, and help enforce insurance laws or regulations.

6) Consider appraisal, arbitration, or mediation

Check your policy for any mandatory appraisal or arbitration clauses. Many policies include alternative dispute resolution steps. Appraisal typically applies to property damage; arbitration may resolve disputes over coverage or damages. Carefully follow any contract rules (notice, selection of neutral, deadlines), because failing to do so can forfeit rights.

7) File a lawsuit if necessary

If administrative options and negotiation fail and your claim still has merit, you can sue in state court. Litigation is more formal: it includes pleadings, discovery, and possibly trial. Before filing, confirm whether the policy or statute allows a claim against the insurer for bad-faith handling or only against the insured at-fault party. Use the North Dakota court website for forms and filing rules: https://www.ndcourts.gov

8) Watch deadlines

Insurance policies often set notice and proof deadlines. State law also imposes time limits for civil suits. Missed deadlines can bar recovery. Because timing rules vary, start the appeal promptly and ask a lawyer to confirm any statutory or contractual deadlines that may apply.

9) Consider hiring an attorney

An attorney who handles insurance claim disputes can evaluate the denial, write effective demand letters, file appeals, and, if needed, file suit. For many minor-accident injury claims, lawyers work on contingency (they get a percentage of any recovery) and can help you decide whether negotiation, arbitration, or litigation is best.

Common reasons insurers deny minor-injury claims — and how to respond

• Disputed causation: Provide treating provider notes that link your medical condition to the crash and explain why prior conditions are not the cause.
• Medical records missing: Supply full records, imaging, and bills. Ask providers to prepare a short causation statement if necessary.
• Late notice: Show proof of when you reported the crash. If you missed a deadline, explain reasonable cause (e.g., hospitalization) and request a discretionary review.
• Policy exclusions: Review the exclusion carefully and ask for a written explanation tying specific policy language to facts; consult a lawyer if the exclusion seems misapplied.

What to expect: timeline, costs, and likely outcomes

Internal appeals often take weeks to a few months. A state regulator complaint can take several months. Arbitration or litigation typically takes many months to over a year. Costs vary: appeals and regulator complaints have little direct cost; arbitration and litigation have higher fees and may require upfront costs. Attorneys often work on contingency for injury claims; ask any lawyer you contact for a fee agreement and an estimate of likely net recovery.

Helpful hints

• Keep a single organized folder (digital and paper) with every document, date, and contact.
• Send all important letters by certified mail and keep delivery receipts.
• Get medical records early; providers can be slow to produce records.
• Ask your treating clinician for a short written note tying symptoms to the crash.
• Document communications: who you spoke with, date, time, and what was said.
• If the denial involves complicated coverage issues, consider at least a consultation with an attorney to weigh next steps.
• If you believe the insurer acted unfairly, file a complaint with the North Dakota Insurance Department: https://www.nd.gov/ndins
• Consult the North Dakota Century Code (Title 26.1 for insurance topics) for statutory context: https://www.legis.nd.gov/cencode/t26-1