Follow up on Herbicide Damage Claims Before Harvest

October 5, 2017

North Dakota farmers who have made herbicide damage liability claims are encouraged to make sure their claims have been fully investigated before harvesting crops on those affected fields. Once more than 20 percent of fields with damage claims are harvested, farmers will not be able to pursue civil action to collect damages.

The North Dakota Soybean Growers Association is also aware of circumstances where a herbicide damage claim was denied by the insurance company without fields being personally inspected by adjusters or company representatives. In circumstance where claims were denied despite incomplete investigation, farmers do have the option to file a complaint with the North Dakota Insurance Commission.

North Dakota law requires that before a civil action is filed seeking reimbursement for property damage, the person must notify the herbicide applicator and the person contracting the work by certified mail within 28 days of when the person first knew or should have known of the alleged damage and prior to the time when 20 percent of the crop is harvested. The applicator and up to four representatives can enter the person’s property to observe and examine the alleged damage.

To learn more about documentation for suspected herbicide drift damage, visit https://www.ag.ndsu.edu/publications/crops/documentation-for-suspected-herbicide-drift-damage.