Fargo Car Accident Lawyers

Types of Car Accident Cases We Handle

Car crashes happen for all kinds of reasons, and no two accidents are the same.

At Fay & Associates, we represent clients in a wide variety of collision scenarios and understand the unique factors that influence each type of claim:

• Rear-End Collisions – Often caused by distracted or aggressive driving; can result in serious neck, back, and spinal injuries.
• Head-On Crashes – Frequently lead to life-threatening injuries and raise complex questions about fault and driver behavior.
• T-Bone and Intersection Accidents – Common at busy Fargo intersections where one driver fails to yield or runs a red light.
• Rollover Accidents – May involve SUVs or trucks with a higher center of gravity, often occurring due to high speeds or overcorrection.
• Drunk or Impaired Driving Crashes – Drivers under the influence can be held liable for punitive damages in some cases.
• Distracted Driving Collisions – Texting, GPS use, and other distractions are among the top causes of preventable crashes.
• Uninsured or Underinsured Driver Accidents – We help you explore all available insurance coverage, including your uninsured and underinsured motorist policy.
• Multi-Vehicle or Chain-Reaction Crashes – These require in-depth investigations to determine fault and apportion liability.
• Fatal Car Crashes / Wrongful Death Claims – We help families pursue claims involving negligent drivers and the loss of a loved one.

Whether your crash involved a single vehicle or several, we’re prepared to investigate the details, build your case, and pursue available compensation under North Dakota law.

What to Do in the Days & Weeks After a Car Accident

After a crash, what you do next can significantly impact the strength of your injury claim.

Even if some time has passed, there are still important steps you can take to protect your rights and support your claim:

• Continue Medical Treatment – Follow through with all recommended care. Gaps in treatment can be used by insurance companies to argue that your injuries weren’t serious or that you recovered more quickly than you did.
• Preserve Documentation – Keep every relevant document: hospital records, discharge instructions, insurance communications, vehicle repair estimates, and time-off work records. Photographs, witness information, and any correspondence with insurers can also become critical to your claim.
• Avoid Giving Recorded Statements – Insurers often try to get you on record early. You are not required to give a recorded statement to the other party’s insurer, and doing so could damage your case. A settlement offer that arrives alongside that request is a separate decision that deserves careful review.
• Limit Social Media Activity – Posts, check-ins, or photos may be taken out of context and used to question the extent of your injuries or your credibility.
• Speak With a Lawyer Before Settling – Insurance companies may offer a quick payout that doesn’t reflect the full value of your claim. An auto accident attorney can help you evaluate whether a settlement offer addresses your losses.

Taking these steps can make a major difference in how your claim is evaluated and documented.

Understanding North Dakota’s Car Accident Laws

North Dakota uses a no-fault insurance system, which means your own auto insurance covers your initial medical expenses and a portion of your lost wages, regardless of who was at fault for the crash. This coverage is provided through your policy’s Personal Injury Protection (PIP). Basic no-fault coverage provides up to $30,000 per person for covered economic losses such as medical expenses and work loss.

However, PIP benefits are limited. If your damages exceed your no-fault coverage or the at-fault driver’s liability policy is insufficient, you may also have a claim under your own uninsured or underinsured motorist coverage, depending on your policy’s conditions and applicable law. A fault-based claim against the at-fault driver may also be available and can open the door to recovering compensation for pain and suffering, emotional distress, and other losses not covered by no-fault insurance.

North Dakota follows a modified comparative fault rule, meaning that if you share some responsibility for the crash, your recovery may be reduced in proportion to your assigned fault. If your fault is determined to be as great as the combined fault of all other contributing parties, recovery may be barred. The specific effect on your claim depends on the facts, the applicable law, and how fault is ultimately assigned.

Our attorneys help clients navigate both the no-fault benefit process and fault-based claims in Fargo and across North Dakota. We prepare every case for litigation and won’t hesitate to pursue available compensation when a negotiated resolution falls short.

How Long Do I Have to File a Car Accident Lawsuit in North Dakota?

Deadlines for car accident claims in North Dakota vary depending on the type of claim, who the defendant is, and which insurance benefits may be involved.

Some important timing considerations include:

• Wrongful death claims must typically be filed within two years
• Claims against government agencies often require special notice within 180 days, and the overall deadline may be shorter. Confirm what applies to your specific claim.
• No-fault benefit claims have their own deadlines that can depend on whether benefits were paid and when losses were known or should have been known
• Minors and certain medical conditions may toll or extend the deadline in some circumstances

Waiting too long can hurt your ability to recover compensation. Evidence fades, witnesses disappear, and insurers may become less cooperative. Speaking with a car accident lawyer early allows your legal team to investigate quickly, preserve critical information, and confirm which deadlines apply to your specific claim.

Not sure what deadline applies to your case? We’re here to help clarify your options and review the timing issues affecting your claim.

What Compensation Can I Recover?

Recovering from a car accident is about more than just healing physically. It’s about addressing the financial and emotional burden caused by someone else’s negligence. In North Dakota, car accident victims may be entitled to a wide range of damages, depending on the severity of the crash and the impact it has had on your life.

These damages may include:

• Medical expenses – Including emergency care, surgeries, rehabilitation, ongoing treatment, and projected future medical costs.
• Lost income and reduced earning capacity – For time missed from work during recovery and any long-term inability to earn at your previous level.
• Pain and suffering – For the physical pain and discomfort caused by your injuries, including chronic pain conditions.
• Emotional distress and trauma – Especially in cases involving PTSD, anxiety, or life disruptions due to disfigurement or disability.
• Permanent disability or disfigurement – When injuries result in lasting impairments that affect your quality of life.
• Property damage – Including repairs to your vehicle or replacement if it was totaled.

In fatal accident cases, surviving family members may also file a wrongful death claim to seek compensation for funeral costs, loss of financial support, and the emotional toll of losing a loved one.

Every case is different. Our attorneys take the time to assess the full impact of your injuries for settlement negotiations or trial.

FAQs About Car Accidents

Will contacting a lawyer make insurance settlements slower?
Not necessarily. A lawyer can help you evaluate settlement offers and communicate with insurance companies.

What if the other driver doesn’t have insurance?
You may need to rely on your own uninsured or underinsured motorist coverage. A car accident lawyer can help you understand what coverage may be available and what steps to take under North Dakota law and your specific policy.

How long does it take to resolve a car accident claim?
Minor accidents may be settled in a few weeks or months. More complex cases, especially those involving injuries or disputes over fault, can take months or even years depending on injury severity, treatment status, coverage disputes, and whether litigation becomes necessary.

Should I speak with the insurance company right away?
You should notify your insurer.