Once you have filed your personal injury claim, you might expect the insurance process to move smoothly. But when the other driver pushes back and disputes fault, your situation can become complicated.
The way North Dakota assigns fault
The state uses a modified comparative fault system, meaning more than one driver can share responsibility for the same accident. According to this rule, you can still recover damages as long as your share of fault remains below 50%.
If your fault reaches that 50% threshold or higher, you lose the ability to collect anything from the other driver. For example, if an adjuster assigns you 30% of the blame and your total damages amount to $100,000, you will only recover $70,000.
This is where a dispute becomes significant. When the other driver challenges liability, they may be trying to shift enough blame onto you to reduce or eliminate their financial responsibility.
The evidence that shapes fault
When fault is disputed, the decision often comes down to the quality of evidence. Some of the most common types include:
- Police reports
- Photos and video footage
- Witness statements
- Medical records
Adjusters and attorneys look at the full picture, weighing each item to build a clearer understanding of what took place. The stronger and more consistent the evidence, the harder it becomes for the other side to dispute your account.
The role of insurance in a disputed claim
Even so, North Dakota’s no-fault system ensures your Personal Injury Protection (PIP) covers your initial medical expenses and lost wages up to $30,000. You may only need to file claims against the at-fault driver’s insurance if your losses exceed this limit or meet the state’s serious injury threshold.
Insurance companies on both sides will conduct their own investigations. Each adjuster reviews the available evidence, speaks with involved parties and reaches an independent conclusion about liability. It is not uncommon for two adjusters to arrive at different fault percentages, which can lead to extended negotiations.
During this process, it may be tempting to provide a detailed recorded statement or accept a quick settlement. However, insurance adjusters can use anything you say during an investigation to justify a higher fault percentage on your end.