A car crash can leave you with injuries, a damaged vehicle and missed work. In Minnesota, no-fault benefits, usually from your own auto policy, pay first, and a claim against the driver who caused the crash can cover what no-fault does not (Minn. Stat. § 65B.47, subd. 4; § 65B.51, subd. 2).
Our Minneapolis-area office handles car accident claims for people hurt on city streets, highways and parking lots across the area. We work on a contingency fee, so you pay no attorney fee unless we recover money for you.
Minnesota No-Fault: Your Own Coverage Pays First
Owners of vehicles registered in Minnesota must carry no-fault coverage, also called personal injury protection or PIP, and the insurer must pay these benefits regardless of who caused the crash (Minn. Stat. § 65B.48, subd. 1; § 65B.49, subd. 1). Usually your own auto policy pays your no-fault benefits first, even if the other driver caused the crash (Minn. Stat. § 65B.47, subd. 4). The minimum no-fault coverage is $40,000 per person: $20,000 for medical expenses and $20,000 for income loss and other economic losses (Minn. Stat. § 65B.44, subd. 1).
What No-Fault Benefits Cover
- Reasonable and necessary medical, surgical, chiropractic and rehabilitative care, plus prescriptions, ambulance rides and travel to treatment (Minn. Stat. § 65B.44, subd. 2)
- 85 percent of lost gross income, up to $500 per week, including time missed from work to get treatment (Minn. Stat. § 65B.44, subd. 3)
- Replacement services, such as paying someone for household tasks you cannot do, up to $200 per week, except for the day of the injury and the first seven days after it (Minn. Stat. § 65B.44, subd. 5)
No-fault benefits do not pay for damage to your car or other property (Minn. Stat. § 65B.44, subd. 8).
Rules the Insurer Must Follow
Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the loss, and overdue payments carry simple interest at 15 percent per year (Minn. Stat. § 65B.54). Your insurer can ask you to attend a medical exam with a doctor it chooses, and it must pay for that exam (Minn. Stat. § 65B.56, subd. 1). No-fault disputes of $10,000 or less go to mandatory binding arbitration (Minn. Stat. § 65B.525, subd. 1).
When You Can Claim Pain and Suffering
In Minnesota you can claim pain and suffering from the at-fault driver only if your reasonable medical bills (not counting diagnostic x-rays and certain rehabilitation) are more than $4,000, or the crash caused a permanent injury, permanent disfigurement, death, or at least 60 days of disability (Minn. Stat. § 65B.51, subd. 3). Disability here means being unable to do substantially all of your usual daily activities.
Even below that threshold, you can claim economic losses that no-fault does not pay, such as income loss above the no-fault limits (Minn. Stat. § 65B.51, subd. 2). No-fault benefits paid or payable are deducted from what you recover from the at-fault driver (Minn. Stat. § 65B.51, subd. 1).
The threshold does not limit claims against a business that made, sold, repaired or maintained a vehicle with a defect that caused the injury (Minn. Stat. § 65B.51, subd. 4).
Fault, Deadlines and Insurance Limits
When You Were Partly at Fault
Being partly at fault does not automatically end a Minnesota claim. You can recover if your share of fault is not greater than the share of the person you are claiming against, and your compensation is reduced by your percentage of fault (Minn. Stat. § 604.01, subd. 1). That means a person found 50 percent at fault can still recover.
Seat Belts and Your Claim
In Minnesota, the insurance company generally cannot use the fact that you were not wearing a seat belt against you in court (Minn. Stat. § 169.685, subd. 4).
How Long You Have to File
A statute of limitations is the legal deadline to file a lawsuit. For most injuries caused by someone’s negligence, Minnesota applies a 6-year deadline (Minn. Stat. § 541.05, subd. 1(5)). The right deadline depends on the type of claim, and some notice deadlines are much shorter, so do not wait to call.
If a crash takes someone’s life, a wrongful death claim generally must be started within 3 years after the death, and no more than 6 years after the act that caused it (Minn. Stat. § 573.02, subd. 1).
If a city bus, county vehicle or other public vehicle or property was involved, Minnesota generally requires written notice of the claim within 180 days after the injury is discovered (Minn. Stat. § 466.05; § 3.736, subd. 5). Recovery in those claims is capped at $500,000 per claimant and $1,500,000 per occurrence for claims arising on or after July 1, 2009, and punitive damages are not allowed (Minn. Stat. § 466.04; § 3.736, subd. 3 and 4).
Insurance Minimums
Minnesota’s minimum liability coverage is $30,000 for injury to one person, $60,000 for injuries to two or more people and $10,000 for property damage in one accident (Minn. Stat. § 65B.49, subd. 3). Policies must also include uninsured and underinsured motorist coverage of at least $25,000 per person and $50,000 per accident (Minn. Stat. § 65B.49, subd. 3a).
Underinsured motorist coverage can pay the damages you could not recover from the at-fault driver’s policy, up to your limits (Minn. Stat. § 65B.49, subd. 4a). A vehicle owner who did not carry the required insurance is still personally responsible for the harm caused (Minn. Stat. § 169.797, subd. 1). Check your declarations page or send it to us so we can confirm what coverage you have.
How Car Accidents Happen
A national NHTSA study found the critical reason for most crashes was a driver error, such as inattention, distraction or driving too fast for conditions. Causes include:
Conducción distraída
NHTSA defines distracted driving as any activity that diverts attention from driving, including texting, talking on the phone and using a navigation system.
Speeding and Aggressive Driving
Speeding increases the distance needed to stop and makes injuries in a crash more severe. According to NHTSA, speeding has been involved in about one-third of all motor vehicle fatalities for more than two decades.
Drunk or Impaired Driving
According to NHTSA, alcohol and drugs, including some prescribed medications, affect judgment and coordination and reduce reaction time.
Failure to Yield
Minnesota law requires a driver turning left to yield to oncoming vehicles that are in the intersection or close enough to be an immediate hazard (Minn. Stat. § 169.20, subd. 2).
Snow and Ice
Minnesota law bars driving faster than is reasonable and prudent under the conditions (Minn. Stat. § 169.14, subd. 1). Drivers also may not follow another vehicle more closely than is reasonable and prudent, given the speed, traffic and road conditions (Minn. Stat. § 169.18, subd. 8).
Injuries and the Losses We Document
Symptoms of some injuries, such as a head injury, can develop over several hours or days, which is why medical records from the start matter.
When we build a claim, we document what the crash has cost you, including:
- Medical bills, from emergency care to future treatment and therapy
- Income lost while you recover
- Reduced earning ability if you cannot return to the same work
- Effects on your daily life, family and the activities you enjoyed
- Damage to your vehicle and other property
Punitive damages, which punish rather than compensate, are allowed only on clear and convincing evidence that the defendant acted with deliberate disregard for the rights or safety of others (Minn. Stat. § 549.20, subd. 1). They are not available in every case.
See our pages on brain injury claims and spinal cord injury claims for more on those cases.
What to Do After a Car Accident in Minneapolis
- Call 911 if anyone is hurt, and ask for police to come to the scene
- Get medical care right away, even if you feel okay
- Photograph the vehicles, the road, traffic signals and your injuries
- Exchange names, phone numbers, plate numbers and insurance details with the other driver
- Get names and phone numbers from witnesses
- Report the crash to your own auto insurer right away so your no-fault claim can start
- Avoid recorded statements to the other driver’s insurer
- Keep every bill, receipt and pay stub related to the crash
- Call 844-SEE-MIKE before you sign anything or accept a settlement
How 844-SEE-MIKE Helps After a Minneapolis Car Accident
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
Can I make a claim if I was a passenger?
Yes, in many cases. Minnesota gives every person injured from the use of a motor vehicle a right to no-fault benefits, so passengers are covered too (Minn. Stat. § 65B.46, subd. 1). A passenger may also have claims against the driver of another vehicle, the driver of the car they were riding in, or both, depending on who caused the crash.
Should I accept the insurance company’s first offer?
Be cautious. Talk with us before you accept an offer or sign a release.
Why should I see a doctor if I feel fine after the crash?
Some concussion symptoms may not appear for hours or days after the injury, according to the CDC.
Do I need a lawyer for a smaller crash?
Not always. If no one was hurt and the insurer is paying for repairs, you may be able to handle it yourself. If you were injured, missed work or the insurer is disputing fault, a free consultation can help you understand your options.
Hurt in another kind of crash? Learn about truck accident claims or return to our Minneapolis personal injury overview.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
