Using my 30 years of experience as a Car Crash Attorney I am writing a series of Blog Articles explaining how car crash personal injury claims are handled in North Dakota. This is Car Crash Blog Volume 7: Car Crashes in Other States.
My prior posts have discussing car crashes, personal injuries and insurance benefits can be found on my website:
We travel a lot. We often drive outside the state of North Dakota.
If are involved in a car crash and suffer serious personal injuries there are a couple of things that you may want to consider.
Even if the state where the crash occurred is not a no-fault state, your North Dakota insurance will still provide benefits. N.D.C.C. § 26.1-41-06 provides that you are covered if you incur an accidental personal injury in a crash that occurs in the United States or in Canada. Also, most car insurance policies have a clause that conforms the liability coverage to the requirements of the state where a crash occurs. (If your policy does not have this type of conformity coverage you must get a different policy or never drive outside of North Dakota.)
Your car insurance conformity clause may also provide you with better, or perhaps different no-fault benefits based on the state law where the crash occurs.
You need to be aware of what benefits are required under the state law where the crash occurred and how they compare to the no-fault benefits mandated in North Dakota. You may need to elect what coverage you want by notifying your insurance company that you have chosen either North Dakota’s benefits or the better benefits provided by the requirements where the car crash occurred.
Do not expect your insurance company to voluntarily advise you that you are entitled to better benefits under the out-of-state insurance requirements where the car crash occurred. In my experience representing clients that have suffered severe personal injuries in car crashes most insurance companies are only concerned about paying the least amount possible.