Auto Insurance Claim in Minnesota
An auto insurance claim in Minnesota has two parts:
- Minnesota no-fault insurance benefits from your insurance company
- pain and suffering compensation and additional compensation from the at-fault driver’s insurance company.
Minnesota No-Fault Auto Insurance Claim
In Minnesota, auto insurance is no-fault, meaning a driver involved in a motor vehicle accident has a right to payments from the driver’s insurance company for basic economic loss, including medical expenses, income loss, replacement services loss and, if the injury causes death, funeral expenses, survivor’s economic loss and survivor’s replacement services loss. Minnesota no-fault auto accident law is found in Minnesota Statutes Sections 65B.41 to 65B.71.
The no-fault auto insurance benefits are paid by your insurer. Unless you purchased additional no-fault coverage, your insurer must “provide for a minimum of $40,000 for loss arising out of the injury of any one person, consisting of: (1) $20,000 for medical expense loss arising out of injury to any one person; and (2) a total of $20,000 for income loss, replacement services loss, funeral expense loss [$2,000 limit], survivor’s economic loss, and survivor’s replacement services loss arising out of the injury to any one person” (Minn. Stat. Sec. 65B.44(a).
Auto Insurance Claim for Pain and Suffering and Amounts Not Covered by No-Fault Insurance
Pain and suffering includes amounts for pain, disability, disfigurement, embarrassment, or emotional distress that an injured person has experienced or will experience in the future due to the negligence of another. In auto accident cases, it is generally an at-fault driver, but it is possible to recover against a construction company that leaves a hazard in the road or does some other negligent thing.
The following are some issues that are taken into account when determining the amount of pain and suffering for a Minnesota auto accident:
- The type, extent, and severity of the injuries
- How painful the injuries were
- The treatment and pain involved in that treatment
- The length of time the injury or harm lasted
- the expected future pain and suffering.
Again, pain and suffering is not recoverable under no-fault insurance. You must seek compensation for pain and suffering from the at-fault driver’s insurance company or another company that is at-fault for your auto accident. In addition, that same party can be pursued for payment of medical expenses, lost wages and other economic losses in excess of the no-fault insurance limits.
For a free consultation, call 1-888-377-8900 (toll free), 612-338-0202 or submit our free consultation form. Our Minneapolis attorneys have won millions for people in auto insurance claim cases involving personal injury and wrongful death. Attorney Fred Pritzker is listed in the current edition of The Best Lawyers in America.
Minnesota Cities: Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
Minnesota No-Fault Law
We get a lot of questions about Minnesota no-fault law (Minnesota Statutes, Sections 65B.41 to 65B.71).
What does my insurance company have to pay?
Under Minnesota no-fault law, a driver involved in a motor vehicle accident has a right to payments from his or her insurance company for basic economic loss, including the following:
- Medical expenses
- Income loss
- Replacement services loss
If the driver dies in the accident, his or her family can make a claim against the decedent’s insurance company for the following:
- Funeral expenses
- Survivor’s economic loss
- Survivor’s replacement services loss.
How much money will I get from my insurance company?
According to the Minnesota no-fault laws, insurance companies covering automobile accidents in Minnesota must “provide for a minimum of $40,000 for loss arising out of the injury of any one person, consisting of: (1) $20,000 for medical expense loss arising out of injury to any one person; and (2) a total of $20,000 for income loss, replacement services loss, funeral expense loss [$2,000 limit], survivor’s economic loss, and survivor’s replacement services loss arising out of the injury to any one person” (Minn. Stat. Sec. 65B.44(a). This is minimum coverage. You may have paid for additional coverage. If you have been in an accident and would like an attorney at our office to represent you, we will review your coverage amounts and make sure your insurance company pays all amounts required under the Minnesota no-fault law and your contract with your insurance company.
Do I get any money from another driver’s insurance company or another party?
Although Minnesota no-fault law does not provide for payments for pain and suffering, disfigurement, and emotional distress, you may have a claim against the driver of the other vehicle or another party.
Possible liable parties:
- Drivers of the vehicles involved in the accident
- Owners of the vehicles involved in the accident
- Dram shops (places where liquor is sold)
- Manufacturers and others associated with the manufacture and sale of the vehicles involved in the accident
- If there was a hazard in the road that caused the accident, the parties responsible for the hazard
To discuss your Minnesota auto accident case with a Minnesota car accident lawyer at PritzkerOlsen, please call toll-free at 1-888-377-8900 or submit the firm’s online free case consultation form.
Minnesota Uninsured Motorist Claim
What if the person who caused my Minnesota car accident doesn’t have any auto accident insurance?
If the person who caused your car accident does not have any auto accident insurance, you will be able to make a claim against your insurance company if you have uninsured motorist coverage, which pays for many (but not all) of the things that the other person’s insurance would have paid if it existed. Check your policy. If you are not sure if you have uninsured motorist coverage, contact a Minnesota car accident lawyer at our law firm: 612-338-0202, 1-888-377-8900 (toll-free) or free consultation form.
Uninsured motorist insurance often covers the following:
- Medical bills and wage loss
- Pain, suffering and disfigurement
- Emotional distress
- Loss of future earning capacity.
There are some things that uninsured motorist coverage may not cover, including:
- Damage to your car (but you may also have collision coverage that does pay for property damage, less your deductible)
- Punitive damages.
Uninsured motorist coverage is not a gift or present from your insurance company. You already paid a premium for it, so don’t think you’re taking “advantage” of your insurance company because you have to make an uninsured motorist claim. You also don’t have to worry that your premium will go up if you make an uninsured motorist claim; Minnesota prohibits premium increases if the accident wasn’t your fault.
