Detailed Answer
In North Dakota personal injury cases, you can recover travel expenses you incur while obtaining medical treatment as part of your special damages. These costs typically include mileage, parking fees, tolls, lodging, and meals directly related to appointments.
- Identify eligible travel expenses. Only trips made for medical care, diagnostic testing, therapy, or follow-up visits qualify. Commuting to routine meetings or unrelated errands does not.
- Track mileage and expenses. Keep a contemporaneous log with date, start and end locations, purpose of visit, and miles driven. Save receipts for parking, tolls, lodging, and meals.
- Calculate mileage reimbursement. Use the IRS standard mileage rate (currently 65.5¢ per mile for medical purposes) or any lower rate agreed with the insurance carrier or defense counsel.
- Gather supporting documentation. Obtain appointment confirmations or provider letters showing dates and medical necessity. Keep bills from medical providers that reference the visit dates.
- Itemize in your demand or complaint. Under North Dakota law, special damages must be listed separately and supported by evidence. In your settlement demand letter or initial pleadings, include a summary table showing each trip’s date, miles, rate, and total cost.
- Provide records during discovery. In response to interrogatories or document requests, produce your mileage logs, receipts, appointment records, and calculation worksheets.
- Negotiate or present at trial. When you negotiate with the insurer or present evidence at trial, submit your itemized summary and backup documentation. Be prepared to explain why each trip was reasonable and necessary.
- Tax costs after judgment. If you obtain a judgment, file a bill of costs under NDCC § 32-12.1-01 and North Dakota Rules of Civil Procedure Rule 54(d) to recover any travel expenses allowed as taxable costs.
By following these steps, you ensure your travel expenses for medical appointments are documented, justified, and properly claimed under North Dakota law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Start your mileage log on the first medical appointment.
- Use a separate folder or digital file for receipts and appointment confirmations.
- Photograph or scan all paper documents immediately to prevent loss.
- Confirm the IRS mileage rate on irs.gov each year.
- Review your demand letter with a qualified attorney to ensure proper formatting.
- Keep copies of all discovery responses and correspondence.