A common question people ask about car accidents in North Dakota is whether North Dakota is a no-fault or at-fault state for claims. The designation is very important because it determines who can be sued for damages and injuries caused by a car accident. In this blog, our North Dakota personal injury attorneys explain the state’s fault system for car accidents.
At-fault vs. No-fault Insurance for Car Accidents
Most states have at-fault insurance laws for car accidents. In an at-fault state, drivers are required to purchase liability insurance coverage. Liability insurance pays accident victims for damages when an insured driver causes an accident. However, the accident victim must prove causation, fault, and damages before receiving any money.
In a no-fault state, drivers must purchase no-fault car insurance, typically called Personal Injury Protection (PIP). No-fault insurance pays the insured for damages caused by a car accident regardless of who is at fault. Therefore, if you are injured in a car accident, you file a claim with your PIP provider. You do not need to prove who caused the accident to receive benefits.
No-fault insurance provides quicker benefits because proving fault is not an issue. However, PIP does not pay for all damages. Typically, you cannot sue an at-fault driver for damages if you live in a no-fault state. However, state laws differ, and many no-fault states allow accident victims to sue for damages if they meet specific requirements.
Is North Dakota an At-fault or No-fault State for Car Accidents?
North Dakota is a no-fault state for car accidents. All drivers are required to have a minimum of $30,000 in PIP basic no-fault coverage. Your PIP pays for medical expenses and loss of income that result from an accident.
However, our state also requires drivers to have minimum amounts of liability insurance. They must have $25,000 for bodily injury liability and $25,000 for property damage liability. The reason for requiring liability insurance is that the state allows accident victims to sue at-fault drivers under specific circumstances.
When Can I Sue an At-Fault Driver in North Dakota?
You file your claim for medical bills and lost wages with your PIP provider even though the other driver caused the accident. However, if your medical bills exceed $2,500 or you sustain a serious injury or impairment lasting for more than 60 days, you can sue the at-fault driver.
A personal injury lawsuit can result in additional compensation for damages not covered by no-fault insurance. You can receive compensation for economic damages but may also be entitled to non-economic damages. These damages compensate you for your pain and suffering, emotional distress, and diminished quality of life.
Talk with a car accident attorney to determine what types of insurance claims you may be entitled to file to maximize your compensation for a car accident claim.
Schedule a Consultation with Our North Dakota Personal Injury Attorneys
Dealing with an insurance company after a car accident can be frustrating and stressful. Regardless of whether you are filing a claim with your PIP provider or the other driver’s liability insurance company, it helps to consult with an attorney. Call Pringle & Herigstad, P.C. to schedule a time to speak with one of our North Dakota personal injury attorneys about your case.
