North Dakota Car Accident Law, Lawyers and Attorneys
UPDATED: February 19, 2020
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Car accidents occur every day and in every state in the U.S. North Dakota, despite its small population, still had over 16,000 traffic accidents in 2008 alone. If you or someone you know has been in an accident in North Dakota, and you’re looking for some help, you’ve come to the right place. Of course, if the accident just occurred, or there is an injury to you or someone else involved, the first thing you should do is call 911 immediately. The information available here on FreeAdvice.com deals with assessing your rights and responsibilities regarding the accident, after you’ve taken care of any immediate health needs. Our car accident articles cover issues ranging from claims and fault data, to liability issues and the context behind structured settlements. You will also find rules, laws and other information specific to the state of North Dakota, as well as links to North Dakota personal injury attorneys who can evaluate the strength of your claim and provide advice on your best course of action.
North Dakota Car Accident Articles:
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if You’re at an Impasse with the Insurance Adjuster
Car Accidents Involving Government-Owned Vehicles and Government Workers
Do I Need to Contact an Attorney After a Car Accident
North Dakota Car Accident Lawyers:
Find an experienced North Dakota Car Accident Attorney at AttorneyPages.com
Special Rules for North Dakota Car Accidents:
North Dakota Fault: Proportional Comparative Fault at 50%
North Dakota Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:
$25,000 per person for bodily injury AND $25,000 for uninsured motorist coverage per person for bodily injury
$50,000 per accident for bodily injury AND $50,000 for uninsured motorist coverage per accident for bodily injury
$25,000 per accident for property
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.
North Dakota Small Claims Limits: $5,000
North Dakota Personal Injury Statute of Limitations: 6 years (2 in wrongful death cases)
North Dakota Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as “government immunity” or “sovereign immunity.” This doctrine doesn’t necessarily provide complete protection for the government, however. Sometimes, it can just impose extra notice requirements on you before you sue. For more information on this type of government protection, follow this link to the FreeAdvice.com article on vehicle accident claims against government entities. Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for some specific North Dakota details:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page. The form must be completed and submitted to the appropriate agency within two years after the claim accrues.
2) For filing against the State of North Dakota: The state requires all government employees in state-owned vehicles to report accidents with 48 hours. State law also requires each employee’s individual agency/institution to be held responsible for the actions of its employees, so it is critical to name the proper agency in your lawsuit and not just the entire state of North Dakota. See the Fleet Services Manual here for more information.
3) For filing against a North Dakota county or municipality: The requirements vary with the entity, so you’ll have to contact the specific county or agencies involved. See North Dakota Personal Injury Venue below for more information on where and how to file a claim. See this directory for a list of all public agencies in North Dakota.
In dealing with accidents involving government entities and workers, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney general’s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms before you fill them out, and/or consult an experienced North Dakota attorney before filing your claim. Accident claims involving the government can be complicated. Any mistakes in filing or failing to file on time could result in losing your ability to recover for your damages and injuries. Consult an experienced attorney right away to preserve your rights. Also seeCar Accidents Involving Government-Owned Vehicles and Government Workers.
North Dakota Personal Injury Venue (Where to File Your Lawsuit): In the municipal or justice court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each agency, or contact a North Dakota auto accident attorney. ï¿½