What to Do After an Uninsured Driver Crash
“what happens if the other driver had no insurance after a crash on highway 85 in north dakota”
— Tyler, Bismarck
If you got hit on Highway 85 by a driver with no insurance, North Dakota law still gives you a path to cover medical bills, car damage, and lost income, but the order matters.
Your own insurance usually gets pulled in first.
That is the part people hate, because it feels backward. Somebody else screws up on Highway 85 outside Williston, Watford City, or near one of those long icy stretches by the oil patch, and suddenly your insurer is the one asking questions. But that is how North Dakota handles a lot of injury claims after a crash.
North Dakota is a no-fault state for injury claims. That means your Personal Injury Protection coverage, usually called PIP, is supposed to cover your immediate medical bills, wage loss, and certain replacement services up to your policy limit, no matter who caused the wreck.
So if an uninsured driver rear-ends you south of Williston, slides across the center line on U.S. 85, or loses control on a frozen county road in McKenzie County, your first move is usually not chasing that driver for your ER bill. Your first move is opening a PIP claim with your own carrier.
Here is where people get blindsided.
PIP is for injury-related losses. It is not a magic bucket that pays for everything. It does not automatically fix your pickup. It does not erase every dollar of lost income. And it definitely does not mean the insurance company is going to volunteer every benefit you are entitled to.
What your own policy may cover first
- PIP for medical bills and part of lost wages
- Uninsured motorist coverage for injuries if the uninsured driver caused the crash
- Collision coverage for damage to your vehicle, if you bought it
- Possible MedPay or other optional coverages, depending on the policy
The practical question is not just, "Does insurance exist?" It is, "Which part of the policy applies to which loss?"
If you are hurt, PIP usually starts the process.
If your injuries are serious enough, or your losses go beyond PIP, then uninsured motorist coverage may come into play. That coverage exists for exactly this kind of mess: the other driver should have had liability insurance and did not.
For vehicle damage, things get uglier.
North Dakota drivers are often shocked to learn that uninsured motorist coverage generally does not fix the car. That is what collision coverage is for. If you bought collision, you can usually use it, pay the deductible, get the vehicle repaired or totaled out, and let your insurer try to collect from the uninsured driver later.
If you did not buy collision, you may be stuck trying to recover directly from the at-fault driver. Good luck with that. An uninsured driver often does not have insurance because they also do not have the money to pay a five-figure property damage claim out of pocket.
That is the brutal reality nobody wants to hear.
If your truck is sitting in a yard in Williams County with front-end damage, and the other driver has no policy and no assets, a court judgment may look satisfying on paper and worthless in real life.
What to do right away after the crash
Get the crash report number.
In North Dakota, a crash investigated by the Highway Patrol, county sheriff, or city police will usually generate a report that becomes the backbone of the insurance fight. On roads like Highway 85, Highway 2, I-94, and the rural connectors around Dickinson, Minot, and Williston, that report matters because weather, ice, blowing snow, and road position often become the whole argument.
Notify your insurer fast.
Do not sit on an uninsured driver claim because you feel weird about using your own policy. The insurer is counting on delay. The longer you wait, the easier it is for an adjuster to question treatment, dodge wage-loss documentation, or argue that your vehicle damage happened somewhere else.
Ask specifically whether the claim is being opened under PIP, uninsured motorist coverage, collision coverage, or all three. If you do not ask, some adjusters will keep the conversation conveniently vague.
And vague is how people get screwed.
Keep every bill, work restriction, mileage log, prescription receipt, and towing invoice. Spring in North Dakota is sloppy. One day it is thaw, the next day it is black ice at sunrise. Crashes this time of year often involve spinouts, slush, and secondary impacts, and insurers love acting like a "minor slide-off" could not have caused real injury. Paper beats argument.
Can you still bring a claim against the uninsured driver?
Yes.
But whether that is worth the trouble depends on the driver's finances, whether there was a vehicle owner who negligently entrusted the car, whether the driver was working at the time, and whether any other insurance policy might apply.
That last part matters more than people realize.
A driver may say they are uninsured, but there could still be another policy in the picture. Maybe the vehicle owner had coverage. Maybe the driver was making a work-related trip. Maybe they were using somebody else's car with permission. Maybe there is a business policy. Maybe there is a household policy. If nobody asks those questions, everybody just shrugs and acts like there is no money anywhere.
Sometimes that is true.
Sometimes it is lazy claims handling.
What if the crash was partly your fault?
North Dakota follows modified comparative fault rules. So if the facts show both drivers messed up, fault gets divided. That can affect what you recover outside basic no-fault benefits.
This comes up all the time on two-lane highways in the western half of the state. One driver is going too fast for ice. The other overcorrects. Somebody drifts left of center. Somebody was following too closely. Then the adjusters start their favorite game: turning one bad driver into two.
If the uninsured driver crossed into your lane, ran a stop, rear-ended you, or lost control in obvious conditions, do not casually agree on a recorded call that "maybe both of us could have done something different." That kind of polite Midwestern answer gets twisted into a liability argument in a hurry.
What about lost wages and medical treatment weeks later?
If you are still treating after the crash, the insurer may start pushing back hard around the point where your injury stops looking tidy.
An ER visit is easy for them to accept.
Physical therapy for six weeks, work restrictions during calving season, or follow-up care for neck and back pain after a Highway 85 collision is where they start acting skeptical. They will want records. They will want employer confirmation. They will want a timeline so exact it feels ridiculous.
Give them the documents, but do not clean up their case for them. If they need a wage verification form, make them send it. If they are denying ongoing treatment, make them say that clearly. A lot of bad insurance conduct survives because people accept fuzzy answers instead of forcing a real yes or no.
If the other driver had no insurance after a North Dakota crash, the basic answer is simple: your own policy becomes the battlefield. Injury claims usually start with PIP. Bigger injury losses may shift into uninsured motorist coverage. Car damage usually depends on whether you bought collision. And if you miss the order, miss the deadlines, or assume the adjuster will explain it fairly, that is when a bad crash turns into a financial train wreck.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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