How Car Accident Compensation Works in Minnesota

All drivers must have car insurance under state law. Their policies must have coverage with minimum liability limits of 30/60/10. That means: 

• $30,000 for bodily injury per person
• $60,000 for total bodily injury per accident
• $10,000 for property damage per accident.

In addition, all drivers must have Personal Injury Protection (PIP) coverage. This coverage provides compensation for medical expenses, lost wages, and other related costs related to an accident. The minimum requirements are $40,000 per person ($20,000 for medical expenses and $20,000 for other expenses).

Drivers are also required to carry uninsured/underinsured motorist coverage (UM/UIM). This coverage provides compensation for medical expenses if you are hit by a driver who doesn’t have insurance, or doesn’t have enough insurance. The minimum liability limits are: 

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident.

Total damages in an accident can easily exceed the minimum amounts of required coverage, so all drivers should consider buying policies with higher liability limits. 

There are also other types of optional coverage that are available, including: 

• Comprehensive: This coverage provides protection for damage to your vehicle from events such as theft, fire, or natural disasters.
• Collision: This pays for damage to your vehicle from the accident.

That means that if you are injured in a crash, you would first file a car accident injury claim with your own insurance company. You can then file a third-party car accident claim for damages that weren’t covered, or if the accident resulted in serious injury. However, recovering financial compensation can be difficult. 

One reason is that the negligent driver who caused the crash may deny doing anything wrong, even if that driver was speeding, texting behind the wheel, or ignoring traffic signs or signals. That puts you in the position of having to prove negligence. The insurance company is also likely to challenge your car accident claim.

That’s why it’s important to have an experienced car accident lawyer on your side.

It may be necessary. Your lawyer can advise you on the best course of action. Insurance companies use many different tactics to minimize claims so they can justify limiting compensation. For example, they may challenge the seriousness of your injuries or the need for certain types of treatment.

Or the insurance company may seek access to your medical history. The purpose of this is to look for any evidence that your injury was pre-existing and therefore not covered under their policy. 

Another tactic involves making you a settlement offer soon after the accident. The offer will fall far short of covering all of the damages suffered. But the insurance company is hoping you will accept it because it will save them money. 

The insurance company may also try to blame you for causing the crash – at least partially. Minnesota uses a modified comparative negligence system when determining compensation after a car accident. If you are found to be 51% or more at fault, you are unable to recover any compensation. If you are found to be 50% of less at fault, any compensation you are awarded will be reduced by your percentage of fault. 

There is no simple answer to that question as it will depend on many different factors. These include the type and severity of your injuries, the strength of your case, and insurance policy limits. But in general, you can seek compensation for: 

• All current and future medical expenses related to your injuries (surgery, hospitalization, medication, physical therapy, medical equipment, home health care, etc.)
• Lost wages if you couldn’t work
• Lost future earnings if you are unable to return to work
• Other damages, such as pain and suffering.

An experienced lawyer will know how to build a strong case that insurance companies have to take seriously. A law firm will have the resources to investigate your accident to gather facts in support of your claim. This involves gathering evidence such as video from nearby traffic cameras, carefully reviewing accident reports and other documentation, and interviewing witnesses. If needed, accident reconstruction experts can be consulted.

Your lawyer can also handle all communications with the insurance company on your behalf so you can focus on recovering from your injuries. Many times, claims are resolved through a negotiated settlement. But your attorney may advise you to file a lawsuit and will be prepared to fight for you in court, should that become necessary. 

If you were injured in a crash, talk to an experienced Minnesota car accident lawyer as soon as possible. You generally have six years from the date of your accident to take legal action. But it’s best for an attorney to start work on your case before evidence is lost or destroyed and witnesses begin to forget details. A lawyer can advise you of your options and answer any questions you have.