Uninsured/Underinsured Motorist Coverage in North Dakota

North Dakota drivers are required by law to carry minimum amounts of auto insurance to legally operate a vehicle. This financial protection serves two purposes: to compensate other drivers for damages caused by an at-fault accident, and to protect yourself from financial hardship in the event you are injured in an accident caused by another driver. But what happens if you are involved in an accident with a driver who has no insurance, or whose insurance is insufficient to cover the damages?

This is where uninsured/underinsured motorist (UM/UIM) coverage comes in. UM/UIM coverage provides financial protection for yourself and your passengers in the event of an accident caused by a driver with no or minimal liability insurance.

The Insurance Information Institute (III) states that “In 2022, 14.0 percent of motorists, or about one in seven drivers, were uninsured.” North Dakota sits among the states with the lowest rates of uninsured drivers – at 7.9% – but that doesn’t mean you don’t have a chance of being injured in an accident with an uninsured driver.

What insurance are you required to have when driving in North Dakota?

Per The Zebra, “Uninsured/underinsured motorist coverage is legally required in North Dakota and pays for injuries and lost wages that you or your passengers suffer if you are in an accident with an uninsured/underinsured driver who is at fault.”

North Dakota law mandates that all drivers carry minimum amounts of liability, uninsured motorist (UM), and underinsured motorist (UIM) coverage, along with basic no-fault insurance, to legally operate a vehicle. Here’s a breakdown of the required coverages:

• Bodily injury liability: $25,000 per person and $50,000 per accident. This covers injuries to others you cause in an accident.
• Property damage liability: $25,000 per accident. This covers damage to another person’s property caused by you in an accident.
• Uninsured motorist coverage (UM): $25,000 per person and $50,000 per accident. This protects you financially if you’re in an accident with a driver who has no liability insurance.
• Underinsured motorist coverage (UIM): $25,000 per person and $50,000 per accident. This kicks in if the at-fault driver has some insurance, but their coverage limits aren’t enough to cover all your damages.
• Basic personal injury protection (PIP): $30,000 maximum. This provides no-fault coverage for medical expenses and lost wages suffered by you and your passengers, regardless of who caused the accident.

What is UM/UIM insurance?

UM/UIM coverage is two separate but complementary types of insurance that protect you financially in different scenarios:

• Uninsured motorist (UM) coverage: This kicks in if you’re in an accident with a driver who has no liability insurance at all. It covers your medical bills, lost wages, and other damages resulting from the accident, up to the policy limits you choose.
• Underinsured motorist (UIM) coverage: This protects you if the at-fault driver has some insurance, but their coverage limits aren’t enough to cover all your damages. UIM coverage pays the difference between the at-fault driver’s policy limit and your UIM coverage limit.

So, UM/UIM coverage provides a safety net for drivers in situations where the other driver’s insurance is either non-existent or inadequate. Note: your policy limits must be greater than the person that hit you in order to make a claim. It is critical to have greater limits to make this claim.

How a Minot car accident attorney can help

Even in a seemingly minor car accident, dealing with a UM/UIM claim in North Dakota can be complex. Here’s where your Minot car accident attorney can be a valuable asset:

• Negotiating with your insurance company: Insurance companies are known for trying to minimize payouts. Your attorney understands UM/UIM policies and can negotiate aggressively to ensure you receive the full compensation you deserve for your injuries and damages.
• Gathering evidence and building a strong case: Proving fault and the extent of your damages is crucial for a successful UM/UIM claim. Your lawyer will gather evidence from the accident scene, police reports, medical records, and other sources to build a compelling case in your favor.
• Understanding policy complexities: UM/UIM policies can have exclusions and limitations. For example, you have to notify your insurer before accepting any money from the at-fault driver in order to preserve the UIM claim, and give them 30 days to decide whether they want to take over the claim. Your attorney can review your policy details and explain how they apply to your specific situation.
• Dealing with paperwork and deadlines: Filing a UM/UIM claim involves filling out various forms and adhering to strict deadlines. Your attorney can handle all the paperwork and ensure you meet all deadlines to avoid claim denials.
• Going to court (if necessary): If your insurance company denies your claim or offers an unfair settlement, your attorney can represent you in court and fight for the compensation to which you’re entitled.

A Minot car accident attorney can significantly increase your chances of a successful UM/UIM claim, even in a minor accident, by ensuring your rights are protected and you receive fair compensation for your injuries.

What compensation am I entitled to after an accident with an uninsured motorist?

Here’s a general breakdown of the potential types of compensation you might recover in a North Dakota car accident claim, including those involving UM/UIM insurance:

• Medical expenses: This covers all past and future medical bills related to your injuries, including doctor visits, hospital stays, medications, rehabilitation, and therapy.
• Lost wages: If you’re unable to work due to your injuries, you may be compensated for lost income, including salary, bonuses, and commissions.
• Loss of earning capacity: This covers future lost income if your injuries permanently affect your ability to work.
• Property damage: This includes repairs or replacement of your vehicle, as well as any other personal property damaged in the accident.
• Pain and suffering: This compensates you for the physical and emotional pain caused by your injuries.
• Inconvenience: This covers disruptions to your daily life caused by the accident, such as the need for childcare or transportation assistance.

It’s important to note that North Dakota follows a “modified comparative negligence” system. This means that your compensation can be reduced by the percentage you’re found to be at fault for the accident.

For a more accurate understanding of the compensation you might be entitled to after your crash, contact the Minot car accident attorneys at Larson Law. We can review the details of your case, determine the liable party (or parties), and help you navigate the claims process to recover the maximum compensation you deserve.

Complications with cases involving uninsured motorists

Even though UM/UIM coverage offers protection after an accident with an uninsured driver, several complications can arise:

• Difficulty proving fault: Since the uninsured driver might not be cooperative or may have fled the scene, establishing fault for the accident can be challenging. Witness statements, police reports, and dashcam footage become crucial evidence.
• Collecting compensation: Even with a successful UM/UIM claim, collecting compensation from your own insurance company can be a drawn-out process. They might contest the validity of the claim or the extent of your damages.
• Limited coverage: UM/UIM coverage has policy limits, which might not fully cover your damages, especially in severe accidents with significant medical bills.

Our Minot UM/UIM attorneys can help you with any complications that arise in your case.

If a driver doesn’t have insurance, is it worth it to sue?

Here in North Dakota, you can certainly sue an uninsured motorist if they are at fault for an accident that caused you harm or property damage. Our state operates under a “fault” system for car accidents, meaning the person responsible for the accident is typically liable for resulting damages. If the uninsured motorist is found to be at fault, you have the legal right to pursue compensation through a civil lawsuit.

However, it’s important to consider that even if you win a lawsuit against an uninsured motorist, actually recovering damages may be challenging. Uninsured motorists may lack the financial resources to pay for damages awarded by the court. In such cases, you may still face difficulties in obtaining compensation, unless the uninsured motorist has assets that can be used to satisfy the judgment. However, there may be other parties responsible for your accident in addition to the uninsured driver, which offers another avenue of compensation. The Minot car accident attorneys at Larson Law can assess your specific situation and advise you on the best course of action.

Who else might be responsible for my UM/UIM accident?

Besides the uninsured motorist who caused the accident, other parties might be liable for your Minot UM/UIM accident, depending on the specific circumstances. These scenarios offer you a better chance of securing compensation for your injuries. Here are some possibilities:

• Other drivers involved: If the accident involved multiple vehicles, other drivers could be partially or fully at fault besides the uninsured motorist. Their insurance coverage could contribute to compensating for your damages.
• Government entities: In rare cases, poorly maintained roads, malfunctioning traffic signals, or faulty signage could contribute to the accident. You might be able to file a claim against the responsible government entity if their negligence played a role.
• Parts manufacturers: Defective vehicle parts, like brakes or tires, could be a contributing factor. If a malfunctioning part caused the accident, you might have a product liability claim against the manufacturer.
• Mechanics or repair shops: If improper repairs or maintenance on any vehicle involved in the accident contributed to the crash, the mechanic or repair shop could be held liable.
• Employers: If the accident involved a driver who was working at the time (e.g., delivery driver, rideshare driver), their employer might hold some responsibility, depending on the specific circumstances, under the theory of vicarious liability.

It’s important to remember that these are just some potential scenarios, and determining fault can be complex. Consulting with an experienced Minot car accident attorney is highly recommended. At Larson Law, we can investigate the details of your accident, identify all potentially liable parties, and explore all possible avenues for recovering your damages.

Navigating a UM/UIM claim after a Minot car accident can be complicated, but you don’t have to go through it alone. Contact the UM/UIM attorneys at Larson Law today to discuss your case, explore all potential avenues of compensation, and ensure your rights are protected throughout the process. To schedule a free consultation with a skilled attorney, call our offices or fill out our contact form. We handle accident cases on a contingency fee basis – meaning we don’t get paid until you get paid. We also maintain additional offices in Bismarck and Fargo.