Common Myths About Car Accidents

Many accident victims make false assumptions about what to do after a car accident in North Dakota. Victims often believe myths instead of seeking guidance from an experienced car accident lawyer.  At Larson Law, our car accident lawyers will calmly and clearly answer your questions and explain your rights. We’ll review what’s true and what’s fiction, separating myth from reality.

Some of the myths that car accident victims should understand include the following:

Myth 1: Every state is a no-fault state

This is false. In many states, no-fault laws require you to prove another driver caused your accident to claim benefits. However, North Dakota operates differently. If you are a policyholder or live in the household of a policyholder, you can file for no-fault benefits, called personal injury protection (PIP) benefits, after a car accident.

These benefits primarily cover your medical bills and may also cover lost income. You can receive PIP benefits without having to prove someone else was responsible for your car accident. Additionally, you are not automatically limited to PIP benefits. You can also seek compensation for pain and suffering and other damages if you meet the threshold standards such as having medical bills of $2,500 or more.

Myth 2: You should negotiate with the insurance company for the driver who struck you

This is false. You should never negotiate with the insurance company for any defendant. The insurance carriers are only interested in denying your claim or paying you as little as possible. Once you reach a settlement with any insurance carrier, you can’t renegotiate when your medical bills accumulate, you can’t return to work, your pain is unbearable, or for other reasons. The insurance carriers for the defense will try to say you contributed to the accident. They’ll argue that your injuries aren’t that serious. They won’t discuss the complications that may arise. You should always call an experienced car accident lawyer.

Myth 3: You don’t have to worry about when you file your claim

This is false. In North Dakota, you must file your car accident claim within six years from the date of the accident. If there is a claim for someone who died the time to pursue the claim is only two years. If a government body can be responsible the time to pursue the claim is three years. If you miss the deadline, you cannot receive any money for your claim – no matter how serious your injuries are. It’s always best to seek legal counsel as quickly as possible. The sooner you contact us, the quicker we can investigate how the accident happened and who is responsible. We also need to speak with you promptly to ensure that you’re receiving the medical care you need. We’ll give you peace of mind by answering all your questions and explaining your rights.

Myth 4: Experience doesn’t matter

That is false. Experienced car accident lawyers have tried personal injury cases before juries and won cases. These successes help persuade insurance companies to settle claims because they know that they risk a high jury verdict in favor of the car accident victim. Experienced car accident lawyers anticipate the arguments defense lawyers and insurance companies make. They’re ready to counter these arguments. Experienced lawyers understand what evidence is necessary to prove liability and what evidence maximizes your damage award.

Myth 5: It’s too costly to hire a car accident lawyer

That’s definitely not true. Larson Law Injury and Accident Lawyers handles car accident claims on a contingent fee basis. This means we only receive compensation if your case settles or there is a verdict in your favor. You have no upfront costs. There is no charge for an initial consultation.  Our skilled lawyers help victims prove that someone other than the victim is liable for any injuries or deaths that occur. Our experienced lawyers work with investigators, car part experts, the police, and traffic reconstruction experts to help prove liability. Our team works with your doctors, employers, car mechanics, you, your family, and others to document all your injuries, medical bills, pain and suffering,  and all your other damages – to date and for the rest of your life.

Myth 6: You aren’t entitled to compensation if you are partially at fault

North Dakota is a comparative negligence state. This means you can recover damages provided your share/percentage of liability is less than the defendant(s). Your award will be reduced by your degree of fault. For example, if your claim is worth $150,000 and you were found one-third responsible, your damage award will be reduced to $100,000.

Myth 7: Your insurance rates will increase if you report a car accident claim to your own insurance company

Generally, this is not true. If you were not at fault, your insurance rates should not increase. Generally, if you are involved in a car accident, your insurance policy requires that you notify your carrier about any car accidents. Failure to notify your carrier may result in a cancellation of your insurance policy.

Myth 8: The police report determines who is liable

This is false. If there is a car accident where someone is injured or killed, it is mandatory that the police be notified. The police should arrange for any ambulances or emergency medical transport that are needed. They will take steps to ensure that traffic can continue after the vehicles involved in the accident are removed from the highway. They will obtain registration, insurance, and personal identification information from the drivers and witnesses.

The police will also investigate the accident to determine if any criminal charges (such as DUI charges) should be filed and if any traffic citations (such as speeding citations) should be issued. The police normally do not determine fault. If they do make a fault determination, that determination is not binding on anyone involved. Fault is determined after a claim is filed – either through a settlement or a verdict.

Other false myths include:

• You have to give a recorded statement to your insurance company.
• You have to sign a medical release.
• You can only receive money if you go to court.
• If you’re not hurting when the accident happens, you won’t hurt later.

At Larson Law Injury & Accident Lawyers, we’ll answer all your questions, explain your rights, and guide you through the claims process. Call our offices or use our contact form to schedule a free consultation in Fargo, Minot, or Bismarck.