That call from the insurance adjuster isn’t as friendly as it sounds. In most cases, you should report the accident to your own insurer—but think carefully before giving a statement to the other driver’s company. Adjusters are trained to minimize payouts, and anything you say could reduce your settlement or sink your claim. North Dakota’s no-fault system adds complexity. North Dakota’s no-fault insurance system adds another layer of complexity. A North Dakota personal injury attorney at Pringle & Herigstad, P.C. can handle insurance communications on your behalf and help you pursue the full compensation you deserve.
Why Does the Other Driver’s Insurance Company Want to Talk to You?
After an accident, you may receive a call from the at-fault driver’s insurance adjuster within days or even hours. The call may seem friendly, but the adjuster’s goal is to protect their company’s bottom line. They may ask you to describe what happened, discuss your injuries, or even provide a recorded statement.
Adjusters use these conversations to find reasons to reduce or deny your claim. A casual remark like “I’m feeling okay” could later be cited as evidence that your injuries weren’t serious. Even factual answers about the accident can be taken out of context to shift blame onto you.
What Should You Say to Your Own Insurance Company?
Under North Dakota’s no-fault insurance system, your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain out-of-pocket losses up to $30,000 per person, regardless of who caused the crash. To access these benefits, you generally must report the accident to your own insurer promptly, as most policies require timely notice of a claim.
When speaking with your insurer, stick to the basic facts: the date, time, and location of the accident, the vehicles involved, and the police report number. Avoid speculating about fault, downplaying your injuries, or guessing at details you don’t clearly remember. If your insurer asks for a recorded statement, you may want to consult an attorney first.
How North Dakota’s No-Fault System Affects Your Claim
North Dakota is one of about a dozen states with a no-fault auto insurance system. After an accident, you file a PIP claim with your own insurer for medical expenses and lost wages, regardless of who was at fault.
However, PIP has limits. It does not cover pain and suffering, and the $30,000 cap may not be enough for serious injuries. If your medical expenses exceed $2,500 or you suffered a serious and permanent disfigurement or disability lasting more than 60 days, you can step outside the no-fault system and file a third-party claim against the at-fault driver. North Dakota follows a modified comparative negligence rule, meaning you can recover damages as long as you were less than 50% at fault for the accident.
Common Insurance Tactics That Can Hurt Your Claim
Insurance companies use a range of strategies to limit what they pay. Some of the most common tactics include:
- Requesting a recorded statement early, before you understand the full extent of your injuries
- Offering a quick, lowball settlement that doesn’t account for future medical costs or lost earning capacity
- Using your own words to argue that your injuries are minor or pre-existing
- Delaying the claims process in hopes that you’ll accept less out of frustration or financial pressure
Once you accept a settlement, you give up your right to pursue additional compensation, even if your injuries turn out to be worse than initially expected. An attorney can evaluate any offer before you agree to it.
How a Personal Injury Lawyer Protects Your Rights
An attorney can serve as a buffer between you and the insurance companies. When you have legal representation, the adjuster communicates with your lawyer instead of with you directly. This prevents you from inadvertently saying something that could be used against your claim.
Your lawyer can also gather evidence to support your case, including medical records, accident reports, and expert opinions. They can calculate the full value of your damages, including future medical care, lost wages, and pain and suffering, and negotiate aggressively for a fair outcome.
Under North Dakota’s general statute of limitations, many negligence-based personal injury lawsuits must be filed within six years. Claims for no-fault (PIP) benefits can have shorter deadlines, so you should get legal advice as soon as possible.
Injured in North Dakota? Talk to Pringle & Herigstad Before the Insurance Company
Don’t let an insurance adjuster pressure you into a decision that costs you the compensation you need. Contact Pringle & Herigstad, P.C. for a free consultation. With offices in Minot and Grand Forks and more than a century of experience, our attorneys fight for injured North Dakotans.