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Filing a Car Accident Claim in Minnesota
About The Author contact
Martin T. Montilino
Minneapolis, MN
Practice Areas: Auto Accident, Personal Injury, Workers Compensation
Other Articles by the Author
Getting into a car accident can be a difficult experience, and dealing with an insurance company afterwards can make it even more frustrating. In Minnesota, there are some laws that you should be aware of to ensure you are compensated for your losses and expenses appropriately.
Filing an Injury Claim in Minnesota
When you are involved in a car accident in Minnesota, you generally have two separate claims available to you. You have one claim against the person that caused the accident, assuming you are not at fault, and you have a “no fault” claim with your own insurance company for your medical bills and any lost income associated with the accident.
Negligence Claim
Usually, the most substantial claim will be the the negligence claim against the driver who caused the accident. In the negligence claim, you and your attorney will need to establish negligence, which means that the other driver caused your damages due to a lack of care. This breach of duty means the negligent driver is liable to pay you monetary damages for all you property damage, injuries and pain and suffering.
No Fault Claim
Minnesota is known as a no fault state. The no fault claim is filed primarily to cover your medical bills and lost income. This claim is made against your own insurance, and Minnesota law mandates that insurance companies provide drivers with coverage for medical expenses, lost wages and under(un)insured motorist coverage.
Amount of No-Fault Coverage
Per the state law, drivers are entitled to up to $20,000 of medical coverage and another $20,000 in coverage for lost income attributable to the accident and related injuries.
If you are denied this coverage, you and your attorney can take the case to arbitration to demand all the compensation to which you are entitled.
When to Talk to a Lawyer
In many cases, simple fender benders can be handled without legal representation. However, when significant damage and any injuries are involved, you would be well served to talk to an attorney to ensure your rights are protected.
