The crash was not your fault, but the aftermath has landed squarely on you. Medical bills arrive, the time away from work adds up, and two different insurance companies are asking for statements. After a crash in Grand Forks or Minot, an injured passenger often faces a confusing mix of coverage questions with no clear answer. North Dakota law gives you real options to recover your medical costs, lost wages, and more. A North Dakota personal injury attorney at Pringle & Herigstad, P.C. can explain your next step and deal with the insurers for you.
Can a Passenger File a Personal Injury Claim After a Crash?
Yes. Passengers can almost always file a claim, and they are rarely assigned any blame for a wreck. Because you were not driving, the question is usually not whether you can recover, but which insurance policies and which drivers are responsible.
North Dakota gives injured passengers two main paths to compensation. The first is no-fault coverage, which pays your basic medical and wage losses regardless of who caused the crash. The second is a claim against the driver or drivers whose negligence led to the car accident. In many cases a passenger uses both, and knowing how they fit together is the difference between accepting a quick check and recovering everything your injuries are worth.
Which Insurance Covers a Passenger’s Injuries in North Dakota?
North Dakota is a no-fault state, so your first source of payment is the personal injury protection, or PIP, coverage on the vehicle in which you were riding. That coverage pays without regard to who caused the crash. Basic no-fault benefits in North Dakota are capped at $30,000 per person for any one accident, and they cover several categories of loss:
- Reasonable and necessary medical expenses
- A portion of lost wages, up to a weekly limit set by law
- Replacement services for tasks you cannot perform while you are hurt
After a crash you generally need to file a claim form describing the accident and your injuries with the right insurer to start these benefits. Because the coverage follows the vehicle, a passenger is protected even though they do not own the car and pay nothing toward its policy.
When Can You Step Outside No-Fault and Sue the At-Fault Driver?
You can pursue the at-fault driver directly once your injuries cross North Dakota’s serious-injury threshold. No-fault benefits cover economic losses, but they do not pay for pain and suffering, and they stop at $30,000. To recover beyond that, state law requires a serious injury, which it defines by specific standards. An injury qualifies when it results in any of the following:
- Medical expenses greater than $2,500
- A disability lasting more than 60 days
- Serious and permanent disfigurement
- Dismemberment
- Death
Many passengers with anything beyond minor soreness reach this threshold quickly, which opens the door to a full claim against the at-fault driver for the losses no-fault does not cover, including pain and suffering.
What If the Driver of Your Own Car Caused the Crash?
A passenger is sometimes injured because the driver they were riding with made a mistake. You can still file a claim in that situation, even when the at-fault driver is a friend or a family member. The claim is paid by that driver’s liability insurance, not out of their own pocket, which is the reason the coverage exists.
If the at-fault driver had no insurance, or too little to cover your losses, uninsured and underinsured motorist coverage may provide another source of recovery. A passenger who is unsure which policies apply should avoid giving a recorded statement to any insurer before getting legal advice, since early statements are often used to reduce a claim.
How Do Fault and Filing Deadlines Affect a Passenger’s Claim?
When more than one driver shares blame, you can file a claim against each at-fault driver, and North Dakota holds each one responsible only for their own share of the fault. The state follows a modified comparative fault rule. If you share part of the blame, your recovery is reduced by your percentage of fault, and it is barred entirely only if your fault is as great as the combined fault of everyone else. Passengers are almost never assigned fault, so this rarely limits a passenger’s claim.
You also have a deadline. In most cases you have six years from the date of the crash to file a personal injury lawsuit in North Dakota, though some insurance-related deadlines are shorter. Because evidence fades and witnesses move on, the safest step is to speak with a lawyer soon after the crash.
Talk to a North Dakota Personal Injury Lawyer After Your Crash
If you were hurt as a passenger, you should not have to pay for someone else’s mistake. Pringle & Herigstad, P.C. has handled North Dakota injury claims since 1909. We serve clients from offices in Minot and Grand Forks on a contingency-fee basis, so you owe no fee unless we recover for you. Contact Pringle & Herigstad, P.C. for a free consultation.