A hit-and-run accident occurs when a driver leaves the scene of an accident without fulfilling the legal requirements required by North Dakota law. A hit-and-run driver can be charged with a crime. They can also be civilly liable for damages if they cause an accident. However, you have a limited time to file a claim for a hit-and-run accident. Please keep reading to learn about the statute of limitations on a hit-and-run from our North Dakota personal injury attorneys.
Who Is Responsible for a Hit-and-Run Accident?
If you identify the hit-and-run driver, you can file a claim against them for your economic and non-economic damages. North Dakota requires all drivers to have a minimum amount of liability insurance for accidents. Liability insurance compensates accident victims when an insured driver causes an accident.
However, many drivers flee the accident scene because they do not have insurance. If so, you can file a lawsuit against the driver to hold them personally liable for damages. You have the burden of proving the hit-and-run driver caused the crash.
You may also recover damages from your insurance company if you have uninsured motorist (UM) insurance coverage. Uninsured motorist coverage applies when a hit-and-run driver causes an accident. Your UM coverage pays for damages if you prove the hit-and-run caused your accident.
What Is the Statute of Limitations for a Hit-and-Run Claim in North Dakota?
A statute of limitations is a law that restricts the time you have to file a lawsuit. The court may dismiss a lawsuit filed after the deadline expires, even if you have a valid legal claim.
North Dakota is one of the few states with a six-year deadline to file a car accident lawsuit. Therefore, you would have up to six years from the accident date to file a lawsuit against a hit-and-run.
If you sue your insurance company for failure to pay an uninsured motorist claim, you should also have six years from the accident date to file a lawsuit, according to N.D.C.C. §28-01-16(1). However, your insurance contract could include a shorter deadline.
Exceptions to the statute of limitations can change the deadline for filing a lawsuit. For example, if the case involves a government entity, you must file a notice of claim within 180 days to preserve your right to file a lawsuit. Therefore, you should consult an attorney as soon as possible after a crash to determine the statute of limitations for your case.
Why Is a Statute of Limitations Important in a Car Accident Case?
A statute of limitations may seem unfair because it limits an injured party’s time to file a lawsuit. However, the legislature enacted statutes of limitations for several reasons, including:
- Protecting a party from being sued decades after evidence has disappeared or been destroyed so they cannot defend themselves.
- Encouraging parties to resolve their disputes timely.
- Preserving evidence so both parties can access records, documents, and other evidence to support their claims.
- A statute of limitations keeps the legal system moving without becoming backed up by requiring cases to be filed in a timely manner.
- Witnesses may be unavailable if you wait years after an accident to file a claim.
- Encouraging parties to resolve disputes, thereby holding parties accountable for their negligence or other wrongdoing.
If you have questions about a personal injury claim, prompt legal advice is the best way to protect your rights.
Schedule a Free Consultation With Our North Dakota Personal Injury Attorneys
A hit-and-run accident can be overwhelming as you heal from injuries and deal with the financial consequences caused by a negligent driver. Call Pringle & Herigstad, P.C. to discuss your legal options with a North Dakota personal injury attorney. You could receive compensation for damages from one or more sources.
