Grand Forks & Minot Car Accident Attorneys

North Dakota follows a no-fault system, meaning your insurance company pays for your medical bills, lost wages, and other specific damages after an accident. However, your insurance company does not pay for non-economic damages, such as pain and suffering. After an accident, you have the option of collecting compensation through your personal injury protection (PIP) coverage provided by your auto insurance company and filing a third-party lawsuit against another person/party who was at fault for the crash. To step outside the no-fault system and file a third-party car accident lawsuit, you will have to meet certain requirements.

Yes, you can file a car accident claim with your insurance company regardless of fault. Your personal injury protection (PIP) insurance covers certain economic damages (such as medical expenses, lost wages, etc.) after an accident, even if you were partially or fully at fault. If you wish to file a third-party lawsuit against another at-fault driver, you will need to prove that you were less than 50% at fault for the accident to have grounds for a claim (in addition to other requirements).

Most car accident claims are resolved through North Dakota’s no-fault insurance system, meaning you recover compensation for your financial losses by filing a personal injury protection (PIP) claim. However, PIP coverage is limited, and there are certain instances in which it may be appropriate/necessary to step outside the no-fault system and seek compensation directly from the at-fault party. To do so, you will need to prove that you suffered “serious and permanent disfigurement or disability” that lasts or is expected to last more than 60 days, or that your total necessary medical expenses were more than $2,500. Under the state’s modified comparative negligence rule, you will also need to prove that the other party was 50% or more at fault for the crash.

If you are injured in an accident and the responsible party does not have insurance or does not have enough insurance, your liability policy may cover your claim under your uninsured or underinsured coverage. Typically, you have the same amount of this coverage under your policy as you do liability coverage, so you are protected against drivers that either do not insure themselves or don’t purchase enough insurance for the injuries involved.

While the law does not require you to hire a lawyer to file a car accident claim, there are many reasons to do so. The insurance company will likely go to great lengths to dispute, underpay, or deny your claim. Your attorney can not only help you understand all your legal options but can also fight back against deceitful insurance company tactics and efforts to avoid paying your rightful claim.

Personal injury attorneys, including those at our firm, typically provide their services on a contingency fee basis. This means that clients do not pay any upfront fees or out-of-pocket expenses when they hire a car accident lawyer. Instead, your attorney will generally cover the initial costs of handling your claim and will only collect attorney fees if/when they win your case. In other words, if your attorney does not secure a settlement (or verdict) on your behalf, you do not pay anything.

Yes. North Dakota follows a “no-fault” car insurance system, wherein your own insurance is designed to cover certain losses resulting from a car accident, primarily personal injury expenses, and related damages, regardless of who is deemed at fault for the incident—at least in the initial stages. However, it’s important to note that the specifics of no-fault coverage can vary, and understanding your policy’s terms and limitations is crucial to navigating the claims process effectively.

Yes, it is illegal to drive without insurance in North Dakota. The state mandates all drivers to have a minimum liability insurance coverage to legally operate a motor vehicle. Driving without insurance or allowing your insurance to lapse can result in penalties, fines, suspension of your driver’s license, and potential legal consequences. It’s essential to maintain continuous insurance coverage and comply with North Dakota’s requirements to avoid violating the law and facing the associated penalties.

There are numerous steps that you should take after a car accident to protect your right to compensation. However, there are some things that you should avoid that would typically be used against you, even by your own insurance company. Knowing the things to avoid can help you in the long run and prevent you from falling prey to the insurance company’s tactics.

Here are some of the things that you want to stay away from after a crash:

1. Avoid Leaving Without Exchanging Information: If you leave the scene of the accident without exchanging information, multiple problems may arise. First, it may prevent you from being able to take additional action against the liable party for property damages or in a third-party lawsuit. Second, it may appear as though you committed a hit-and-run. This is an illegal act that can not only impact your ability to file a personal injury claim but could also result in criminal charges.
2. Avoid Saying Sorry to the Other Driver: While you may be empathetic to what happened, even if you feel the accident was your fault, you should never apologize. Saying sorry is often seen as an admission of fault in an accident. While the other party cannot use this against you in a regular claim, your own insurance company may try to use this statement against you.
3. Avoid Social Media: While you may think your social media accounts are private, insurance companies have experts for this specific situation. What you post can be used against you. For instance, if you put in a claim with your insurance company for a back injury, but you are posting activities that contradict this claim, the insurance company may try to devalue your injury or claim it did not happen at all.