Filing An Auto Insurance Claim After An Accident In Minnesota
Minnesota has a “no-fault” system for insurance claims after car accidents. This means that regardless of fault, you will need to first turn to your own insurance company, and not that of the other driver, after an accident.
Under Minnesota car insurance law, all drivers must carry personal injury protection (no-fault insurance) of, at a minimum, $20,000 for medical expenses and $20,000 for nonmedical expenses, including wage loss. Even if your own insurance company covers all of your medical bills, you may still have claims against the other driver and his or her insurance company.
If the other driver’s negligence was a cause of the accident, you may also have claims against the other driver’s insurance company as well. All Minnesota drivers are required to carry at least $30,000 in liability insurance. On top of that, they are required to carry coverage for claims resulting in damage to another person’s vehicle.
In addition to all of the above, every driver is required to carry underinsured and uninsured motorist coverage in Minnesota. Consequently, even if the other driver’s insurance does not cover all of your damages, you can then make claims against your own insurance policy for underinsured motorist coverage. Likewise, if another driver does not have insurance, claims can be made for uninsured motorist benefits as well.
Should I Sue The At-Fault Driver?
Each case is different: The facts can differ as well as the insurance company representing the at-fault driver. In some cases, it is in your best interest to simply commence a lawsuit before even commencing negotiations. In other cases, it is best to exhaust the negotiation process before commencing a lawsuit against another driver.
While you may be able to file a lawsuit without the assistance of an attorney, you should seek experienced counsel if you are considering suing the other driver.
Get Experienced Help After An Accident
Whether you file a no-fault insurance claim or decide to sue the other driver, working with a lawyer can help ensure that you have the best possible chance of success. If you have an auto insurance claim issue in the north metro area of the Twin Cities or anywhere in Minnesota, we are available to discuss your options and get guidance through the process. Call the Law Office of James R. Nethercut, P.A., in White Bear Lake at 612-504-5763. You may also contact me online.