Uninsured/Underinsured Motorist Complaint

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Exhaustion of Tortfeasor's Coverage
8. Count I: UM/UIM Benefits Claim
9. Count II: Breach of Contract / Bad Faith
10. Damages
11. Stacking and Priority of Payment
12. Arbitration vs. Litigation
13. Prayer for Relief
14. Verification
15. North Dakota Practice Notes

Caption

IN THE DISTRICT COURT OF [________________________________]
JUDICIAL DISTRICT, STATE OF NORTH DAKOTA
COUNTY OF [________________________________]

[PLAINTIFF NAME],
Plaintiff,

v.

[INSURANCE COMPANY NAME],
Defendant.

Case No.: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], County of [________________________________], State of North Dakota, and an insured under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to do business in North Dakota, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has jurisdiction over this matter pursuant to N.D.C.C. § 27-05-06 and the amount in controversy exceeds the jurisdictional minimum.

4. Venue is proper in [________________________________] County pursuant to N.D.R.Civ.P. 3, as the accident occurred in this county and/or the policy was issued here.

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides:
   - ☐ Uninsured Motorist (UM) coverage with limits of $[________________________________] per person / $[________________________________] per accident
   - ☐ Underinsured Motorist (UIM) coverage with limits of $[________________________________] per person / $[________________________________] per accident

7. Plaintiff has paid all premiums due and has complied with all conditions of the policy.

Facts of the Accident

8. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [________________________________] County, North Dakota.

9. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] [________________________________] negligently and/or recklessly caused a collision with Plaintiff's vehicle.

10. The tortfeasor's negligent acts include but are not limited to:
    - ☐ Failure to yield the right of way
    - ☐ Following too closely
    - ☐ Distracted driving
    - ☐ Driving under the influence
    - ☐ Speeding or excessive speed
    - ☐ Failure to obey traffic control devices
    - ☐ Other: [________________________________]

11. As a direct and proximate result of the collision, Plaintiff suffered serious bodily injuries, pain, suffering, and economic losses as described herein.

Uninsured or Underinsured Status of Tortfeasor

12. The tortfeasor's motor vehicle qualifies as:
    - ☐ Uninsured — The tortfeasor carried no liability insurance at the time of the accident
    - ☐ Underinsured — The tortfeasor's liability coverage limits of $[________________________________] are insufficient to compensate Plaintiff for damages sustained
    - ☐ Hit-and-Run / Unknown — The tortfeasor fled the scene and remains unidentified

Exhaustion of Tortfeasor's Coverage

13. ☐ The tortfeasor had no liability coverage to exhaust.
    ☐ Plaintiff has settled with the tortfeasor's insurer for the tortfeasor's policy limits of $[________________________________] and has obtained Defendant's written consent to settle, or Defendant has been given reasonable opportunity to consent.

14. Pursuant to N.D.C.C. § 26.1-40-15.3, the maximum UIM liability is the lesser of: (a) the amount of compensatory damages established but not recovered; or (b) the limits of UIM coverage.

Count I: UM/UIM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is legally entitled to recover compensatory damages from the tortfeasor for bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of an uninsured/underinsured motor vehicle.

17. Pursuant to N.D.C.C. §§ 26.1-40-15.2 and 26.1-40-15.3, Plaintiff is entitled to UM/UIM benefits under the policy.

18. Defendant has failed or refused to pay Plaintiff the UM/UIM benefits owed.

Count II: Breach of Contract / Bad Faith

19. Plaintiff incorporates all preceding paragraphs by reference.

20. Defendant's refusal to pay UM/UIM benefits constitutes a breach of the insurance contract.

21. ☐ Defendant has acted in bad faith by:
    - ☐ Unreasonably delaying investigation or payment
    - ☐ Denying the claim without reasonable basis
    - ☐ Failing to communicate a reasonable explanation for denial
    - ☐ Offering an unreasonably low settlement
    - ☐ Other: [________________________________]

Damages

22. As a direct and proximate result of the accident, Plaintiff has suffered and continues to suffer:
    - ☐ Past medical expenses: $[________________________________]
    - ☐ Future medical expenses: $[________________________________]
    - ☐ Past lost wages: $[________________________________]
    - ☐ Future lost earning capacity: $[________________________________]
    - ☐ Pain and suffering: $[________________________________]
    - ☐ Emotional distress: $[________________________________]
    - ☐ Loss of enjoyment of life: $[________________________________]
    - ☐ Permanent impairment/disability: $[________________________________]
    - ☐ Other: [________________________________]

Stacking and Priority of Payment

23. Pursuant to N.D.C.C. § 26.1-40-15.4, the limit of UM/UIM coverage may not be stacked upon limits applying to other motor vehicles regardless of the number of vehicles, persons covered, claims made, or premiums paid.

24. Damages payable must be reduced by amounts paid or payable under:
    - ☐ Workforce Safety and Insurance benefits
    - ☐ Motor vehicle medical payments coverage
    - ☐ Personal injury protection (PIP) benefits
    - ☐ Other applicable coverages: [________________________________]

Arbitration vs. Litigation

25. ☐ The policy contains an arbitration clause and Plaintiff elects to submit this matter to arbitration.
    ☐ The policy does not contain an enforceable arbitration clause and Plaintiff proceeds by civil action.
    ☐ Plaintiff has demanded arbitration and Defendant has refused or failed to respond.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. Compensatory damages in an amount to be proven at trial, not to exceed UM/UIM policy limits of $[________________________________];
2. Prejudgment interest as allowed by law;
3. Attorney fees and costs of suit to the extent permitted under the policy or by law;
4. Such other and further relief as the Court deems just and equitable.

Verification

I, [PLAINTIFF NAME], declare under penalty of perjury that I have read the foregoing Complaint, and the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

North Dakota Practice Notes

• Mandatory Coverage: Both UM and UIM are mandatory in North Dakota and cannot be waived. Minimum limits are $25,000/$50,000. See N.D.C.C. §§ 26.1-40-15.2, 26.1-40-15.3.
• No Stacking: N.D.C.C. § 26.1-40-15.4 prohibits stacking UM/UIM limits across multiple vehicles or policies.
• Statute of Limitations: Six (6) years for personal injury claims (N.D.C.C. § 28-01-16).
• Comparative Fault: North Dakota applies modified comparative fault with a 51% bar (N.D.C.C. § 32-03.2-02).
• Attorney Fees: Each party bears its own attorney fees unless the insurance contract provides otherwise or bad faith is found (N.D.C.C. § 26.1-40-15.3).
• UIM Offset: UIM recovery is the lesser of unrecovered damages or the UIM policy limits.
• No-Fault State: North Dakota has PIP/no-fault provisions; coordinate UM/UIM with PIP benefits.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed North Dakota attorney before filing. Verify all statutory citations against the current North Dakota Century Code.