In North Dakota, auto accidents lead to fatalities and serious injuries too often. Unfortunately, in a no-fault state, victims must present extensive evidence to show that they were seriously injured and file a lawsuit. Auto accident injury lawyers in Bismarck, ND provide clarity about how no-fault auto accident laws work.
Did the Accident Exceed $2,500?
In a no-fault auto accident state, the victim’s medical expenses after the accident must exceed $2,500. The victim must file a claim through their personal injury protection coverage first. The outcome of their insurance claim could dictate if the victim has any grounds for legal action.
What Type of Injuries Did the Victim Sustain?
Any victim who wants to file a lawsuit must have serious injuries. Serious injuries are defined as any serious condition that lasts longer than 60 days. For example, the victim lost organ function, lost a limb, or sustained a disfigurement. In a no-fault auto accident state, victims are within their rights to file a lawsuit with these injuries.
Did Both Parties Fulfill Their Insurance Obligations to the State?
In North Dakota, all auto drivers must fulfill the state mandate for auto insurance coverage. Any failure to comply leads to serious penalties and possible driver’s license revocations or suspensions. After an accident, law enforcement determines if all parties were covered by auto insurance and personal injury protection coverage. Citations are provided if any driver violates the law.
Could Comparative Fault Apply to the Victim?
Comparative fault rulings are used to establish if the victim was also guilty of a moving violation. A percentage is applied for each moving violation. If the victim was at fault for more than 50%, they forfeit any rights to compensation.
In North Dakota, auto accident lawsuits require victims to incur at least $2,500 in medical costs and sustain serious injuries before filing a lawsuit. All drivers must have adequate insurance as outlined by state laws. Initially, all victims file a claim through their own personal injury protection policies. Victims of auto accidents contact auto accident injury lawyers in Bismarck, ND for an appointment for a consultation or visit us for more information about applicable laws.
