Can I Make a Claim if I Am Hurt in a Crash I Caused?

When you’re hurt in a car accident, you need help no matter who is at fault. When you caused the accident, you can still seek medical attention and put a claim in through your own insurance for the damage to your car.

North Dakota is a no-fault state. Your insurance policy will pay for the injuries of anyone covered under your policy, including you, up to the policy limits no matter who caused the car accident. This means that you can file a claim under your own policy to cover your vehicle damage and personal injuries.

To seek reimbursement for injuries you sustained, you simply file a claim under your Personal Injury Protection (PIP) coverage with your own insurance company. PIP will cover payment of your medical bills, out-of-pocket expenses, and lost wages.

Can I claim any damages if I caused a wreck?

No – but under certain circumstances, the other driver’s award could be reduced if he or she was partially to blame for his or her own injuries.

Modified comparative negligence rule

North Dakota follows a “modified comparative negligence” rule, which applies when both parties share the fault. For example, say you ran a red light and hit another car, and that driver was hurt. It turns out that the other driver was speeding and over the legal BAC limit when you hit him/her. The driver sues you for $50,000, but the jury finds that the other driver was 40% responsible for the injuries he/she sustained. Instead of you having to pay $50,000, the damages will be reduced to $30,000.

Other costs and penalties associated with causing an accident in ND

Putting in a claim for PIP may or may not affect your overall insurance premiums, but being at-fault for a wreck is probably going to increase your costs, even if you have an “accident forgiveness” policy. Depending on what happened, you may also face additional fines and penalties which can affect your insurance costs. According to insure.com, you can expect a 72% increase in your auto insurance premium after receiving a DUI, if your insurance company doesn’t drop you altogether.

Other ticket-able offenses – reckless driving, speeding, driving on a suspended license – can also increase your premiums.

You may also face extraordinary expenses if you only carry the minimum of insurance, but the accident leaves you with catastrophic injuries. You may be on the hook for any costs not covered by your insurance.

Larson Law Firm, P.C. is here to help you fight for your future after an accident. To schedule your free consultation in our Bismarck or Minot offices, call 701-484-4878 or reach out to us through our contact page.

 

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