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Minnesota Car Accident Compensation Laws
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In some states, you can recover damages after your car accident, regardless of whether you were at fault. Minnesota law does not look kindly upon people who cause traffic accidents, which is why you should familiarize yourself with Minnesota car accident compensation laws.
According to the National Highway Traffic Safety Administration, there were more than 400 fatal motor vehicle accidents in Minnesota in 2023, while thousands of other motorists were hurt in non-fatal car crashes.
This article explains Minnesota car accident laws and discusses how the law can impact your car accident claim. Finally, it describes the type of damages you can demand in your personal injury lawsuit.
If you still have questions about your car accident case, immediately contact an experienced Minnesota car accident lawyer.
Minnesota Car Accident Compensation Laws at a Glance
The chart below highlights some of the most essential elements of Minnesota’s car accident compensation laws.
Statute of Limitations |
Under Minnesota law, you must file your personal injury claim before the statute of limitations period expires. The specific filing deadlines in Minnesota are as follows:
|
|---|---|
Limits on Damages |
Minnesota’s no-fault system requires damages to first exceed specific minimums (Minnesota Statutes § 65B.44) |
Other Limits |
The court will reduce your damages if you were partially at fault (Minnesota Statutes § 604.01, Minnesota Statutes § 65B.51) |
Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Minnesota car accident lawyer or conduct legal research to verify your state laws.
“No-Fault" System
Minnesota designed its legal system for insurance claims to reduce litigation as much as possible. The State’s “no-fault" system requires parties to file a claim against their own insurance policy with their own insurance company before they file a claim elsewhere. This is true regardless of whether you’re the at-fault party.
Your personal injury protection (PIP) coverage will pay for some of your medical treatment and other out-of-pocket expenses. However, the policy limit for PIP is often low and will not begin to cover your damages.
Your car accident attorney can file suit against the other motorist once you have exhausted your insurance claim options.
Exceptions to the No-Fault Rule
There are exceptions to the no-fault rule.
Sometimes, you can file suit directly against the at-fault driver in an auto accident. To do this, you must meet specific criteria. These include:
You must have sustained at least $4,000 in reasonable medical expenses.
You must have suffered 60 days of disability, permanent injury, or permanent disfigurement as a result of the auto accident.
If you meet these thresholds, you may be able to sue for damages under Minnesota’s "modified comparative negligence" rule.
Modified Comparative Negligence
Minnesota follows a modified comparative negligence rule when determining whether a car accident victim can recover damages from another party. Under this rule, you cannot collect damages if you are more than 50% at fault for the crash.
The way it works is quite simple. After they hear the evidence, a jury assigns each driver a percentage of fault for the accident. If the plaintiff is less than 50% at fault, they can still collect damages. However, under the modified comparative negligence rule, the court will reduce their damages by their percentage of fault.
For example, if you demanded $10,000 in damages, but the jury found you to be 30% at fault, you would only recover $7,000 from the other party.
Auto Insurance Coverage in Minnesota
Under most circumstances, licensed drivers must purchase liability insurance for their vehicles. Motorists must also carry personal injury protection (PIP) and coverage for uninsured and underinsured motorists.
Type of Coverage |
Minimum Amount Required |
|---|---|
Personal Injury Protection (PIP) |
$40,000 per person per accident ($20,000 for hospital/medical expenses and $20,000 for non-medical expenses such as lost wages, replacement services, etc.) |
Liability |
|
Uninsured Motorist |
|
Underinsured Motorist |
|
There are two types of damages in personal injury: economic and non-economic.
Economic damages are much easier to quantify than non-economic damages. Your personal injury attorney can submit copies of receipts and other records and provide the court with details about your car accident injuries, which will help determine your concrete, economic damages.
Some of the more common types of economic damages include the following:
Lost wages
Replacement services
Medical expenses
Future medical bills
You can recover most types of economic damages through your PIP coverage. PIP coverage does not cover property damage.
Non-economic damages are more complicated to calculate and include fewer tangible losses. Some of these include:
Disability or disfigurement
Loss of companionship/Loss of consortium
Your PIP coverage will not pay these damages. They are only available if you sue the at-fault driver.
Statute of Limitations and Limits on Damages
Minnesota’s statute of limitations sets a deadline for filing your personal injury claim. The above chart outlines the filing deadlines for various types of injury claims.
Injured parties must notify the insurance company of any no-fault car insurance claims within six months of the accident. If an injured party’s damages exceed their no-fault insurance coverage, their only option is to file a personal injury lawsuit.
Given the statutory filing deadlines, accident victims must file their lawsuit for personal injury within two years of the accident. If they only pursue damages for property loss, they have six years to file their claim.
The good news is that if your claim is successful, there is no cap on your damages.
Have Specific Questions About Minnesota Car Accident Compensation Laws? Ask a Lawyer
If you’re injured in a Minnesota car accident, you may feel overwhelmed. Not only do you have to contend with the insurance company, but you also have to navigate Minnesota’s modified comparative negligence rule.
Talk to an experienced personal injury lawyer in Minnesota today who can explain how Minnesota car accident compensation laws apply to the facts of your case.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Car accident claims are complex and insurance carriers have lawyers on their side
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