What do I do if I have an accident?

1. Seek emergency medical attention, if necessary.

2. Obtain the driver’s license number, name, address, and car license of the other driver.

3. Report the accident immediately to local law enforcement and your own insurance carrier.

4. Before you begin any repair on your vehicle, take photographs of any damage to your vehicle.

5. Follow your doctor or chiropractor’s advice as to caring for your injuries.

Do I have a claim?

This question may be difficult to answer, especially right after the accident.

Your doctor or chiropractor is responsible for the treatment of your injuries. You should follow your physician’s advice and remain under the physician’s care as long as the physician advises you to do so. You should consult with your attorney as your treatment progresses.

What if the other driver has no insurance?

In this case, the other driver is known as an “uninsured motorist.” If you have insurance coverage for uninsured motorists, you might be able to collect from your own insurance company if the motorist who injured you is uninsured.

North Dakota law also requires a motorist to carry “underinsured” coverage which provides benefits to you when the other driver’s insurance coverage isn’t enough to compensate you.

Do I automatically have a claim if someone else hits me?

Not necessarily. Under North Dakota law, a “serious injury means an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement, or disability beyond 60 days, or medical expenses in excess of $2,500."

What kind of losses must I sustain for which I can be compensated?

You may be compensated for what are called “economic loss” and “non-economic loss.” Economic loss means medical expenses, rehabilitation expenses, work loss, replacement services lost, survivor’s income loss, survivor’s replacement services loss, and funeral, cremation, and burial expenses. Non-economic loss means pain and suffering, inconvenience, and other non-pecuniary damages recoverable under North Dakota law.

If I am injured in a car accident, who pays for my medical and other bills?

North Dakota law requires that motorists carry motor vehicle liability insurance. Each basic no-fault insurer of a secured motor vehicle shall pay basic no-fault benefits without regard to fault for economic loss resulting from accidental bodily injury by the owner of the motor vehicle or any relative of the owner while occupying any other vehicle or while a pedestrian as the result of being struck by a motor vehicle or motorcycle.

Are farm accidents covered under North Dakota’s no fault laws?

Maybe. The North Dakota no-fault law covers “secured” vehicles, which means a vehicle which was insured at the time of its involvement in an accident which resulted in bodily injury. Farm vehicles are not always secured vehicles.

David R. Bliss, P.C., Attorney at Law
P. O. Box 4126
109 North Fourth Street Suite 300
Bismarck, North Dakota 58502-0817
Phone: (701) 223-5769
Fax: (701) 222-3586