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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.

Detailed Answer

Under North Dakota law, vehicle damage (property damage) and bodily injury claims are distinct legal rights. You can pursue compensation for your damaged vehicle before, after, or independently of any injury claim. Follow these steps to seek vehicle damage compensation separately:

1. Document the Accident and Damage

   Obtain a copy of the police or accident report from the North Dakota Highway Patrol. Photograph all vehicle damage, the scene, and surrounding conditions. Keep copies of all repair estimates and invoices.

2. Provide Prompt Notice to Insurers

   North Dakota law requires prompt notice of a claim. Send written notice of the property damage to the at-fault driver’s insurer and, if you have collision coverage, to your own insurer. See NDCC §26.1-14-07 (legis.nd.gov/cencode/t26-1-14-07).

3. File a Property Damage Claim

   Submit all documentation—accident report, repair estimates, photos, and invoices—to the insurance adjuster handling the property damage. Maintain a separate file for property damage to avoid confusion with bodily injury records.

4. Use the Appraisal Clause if Needed

   If the insurer undervalues your loss, invoke the contract’s appraisal provision (common in auto policies). Each party appoints an appraiser, and an umpire resolves disputes. See NDCC §26.1-04-03 (legis.nd.gov/cencode/t26-1-04-03) regarding timely payment after appraisal.

5. Negotiate or Litigate

   Once the insurer issues a settlement offer, review it carefully. You may negotiate further or accept the offer. If negotiations fail, you can file a lawsuit for property damage in district court. Under NDCC §28-01-16, you have six years from the date of loss to commence an action (legis.nd.gov/cencode/t28-01-16).

6. Pursue Bodily Injury Separately

   Begin your bodily injury claim or lawsuit on its own timeline. Keep medical records, bills, and lost-wage documentation separate. You will also have up to six years under NDCC §28-01-16 to sue for personal injury.

Helpful Hints

• Always send written communications by certified mail and keep copies.
• Obtain at least two repair estimates to ensure a fair valuation.
• Review your policy’s deductible before settling.
• Consider small claims court if damage is under the jurisdictional limit (currently $12,000).
• Consult an attorney before filing suit to confirm procedure and deadlines.