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Detailed Answer — what to do and how a claim works in North Dakota

If another driver ran a stop sign and collided with your car in North Dakota, you will likely have a personal injury and property-damage claim based on negligence. The following explains the practical steps and the legal issues you should understand to protect your rights and maximize recovery.

1. Immediate safety and documentation

• Get medical help right away. Call 911 if anyone is injured. Even minor injuries can worsen—medical records are critical evidence.
• Call the police and make sure an official crash report is created. Ask how to obtain a copy of the report.
• Document the scene: take clear photos and video of vehicle positions, damage, skid marks, traffic signs (stop sign), traffic-control devices, road conditions, and visible injuries.
• Collect witness contact information and statements if possible. Independent witnesses who saw the driver run the stop sign are especially useful.
• Preserve any dashcam or phone video; do not erase or overwrite it.

2. Notify your insurer and the other driver’s insurer

• Report the crash to your insurance company as soon as possible. Be factual; do not admit fault or provide a recorded statement without advice from counsel.
• The other driver’s insurer will likely contact you. Give basic facts but avoid speculation and do not sign authorization forms or release documents without reviewing them with an attorney.

3. Keep thorough records of your losses

• Medical: keep all visit notes, test results, bills, receipts, and a log of symptoms and treatment dates.
• Property: keep repair estimates, bills, photos, and any towing or rental car receipts.
• Income: save paystubs and employer statements showing time missed from work and lost wages.
• Other expenses: child care, household help, mileage to medical visits, and other crash-related costs.

4. Proving fault (liability)

To succeed in a negligence claim you generally must show:

1. the other driver owed a duty of care (all drivers owe a duty to obey traffic laws);
2. the other driver breached that duty by running the stop sign;
3. their breach caused the crash; and
4. you suffered damages (medical bills, lost wages, pain and suffering, property damage).

Useful evidence that the other driver ran a stop sign includes the police crash report, witness statements, traffic-camera footage, photographs showing vehicle position and signage, damage patterns, and any statements by the other driver.

5. Dealing with fault allocation

North Dakota courts and insurers will assign fault between the parties if there is any dispute about who caused the crash. Fault allocation can reduce the amount you can recover if you share responsibility. Because allocation affects value, gather solid evidence and consider early consultation with an attorney to evaluate how fault may be apportioned based on the facts.

6. Settlement vs. lawsuit

Most cases resolve by settlement with the at-fault driver’s insurer. A typical process:

• Initial claim and documentation to the insurer.
• Insurer investigation (police report, statements, medical records, vehicle damage).
• Settlement negotiations or mediation.

If the insurer refuses fair compensation, you may file a civil lawsuit in North Dakota court. Filing starts the litigation process and forces formal disclosure (discovery) of evidence. Lawsuits involve deadlines, court rules, and potential trial; an attorney can advise whether litigation makes sense for your case and handle the process for you.

7. Timing — act promptly

State law places deadlines on when you can bring a personal injury lawsuit. Waiting too long can bar your case. Start preserving evidence and consult an attorney early so important evidence is not lost and deadlines are met.

8. When to consult an attorney

Speak with a North Dakota personal injury attorney if any of the following apply:

• You or a passenger sustained significant injuries or require ongoing medical care.
• Liability is disputed (the other driver denies running the stop sign).
• The insurer offers a low settlement that doesn’t cover future medical needs or lost income.
• There are complex issues (multiple vehicles, commercial drivers, government-owned vehicles, or serious permanent injury).

An attorney can obtain evidence, negotiate with insurers, evaluate your damages, and advise whether filing suit is appropriate.

Helpful Hints

• Do not admit fault at the scene or to insurers; say only factual details like the location, the fact you were stopped, and that you were hurt.
• Obtain the police report number and officer name; police testimony and official reports are powerful evidence.
• Follow your doctor’s treatment plan and keep records of every visit and expense—gaps in treatment can hurt your claim.
• Keep a daily journal of pain, limitations, and how injuries affect your life—this supports non-economic damages like pain and suffering.
• Save all communications with insurers and the other driver. Do not sign any release or accept a full-and-final settlement without legal review.
• Photograph injuries regularly as they change or heal; early photos are especially persuasive.
• If possible, get witness contact info at the scene. Witnesses later can be harder to locate and their memories fade.
• Consider a free consultation with a local North Dakota attorney to get a case evaluation and timeline—many personal injury lawyers offer no-cost initial meetings.

For help finding a lawyer, consider contacting the North Dakota Bar Association or local legal-referral services. A licensed attorney can explain applicable deadlines and how North Dakota law will apply to your specific facts.