What are my rights?
Auto Accidents Practice Area - Frequently Asked Questions
- If I am injured in an motor vehicle accident, who pays my medical bills?
- I did not cause the collision, so what happens to the person who did cause the collision?
- How long do I have to bring a claim against the driver who caused my injuries?
If I am injured in an motor vehicle accident, who pays my medical bills?
Your no-fault insurance company will provide you with medical benefits. Minnesota is a ‘no-fault” insurance state, so if you have purchased automobile insurance in Minnesota, you have a minimum of $20,000 available in insurance benefits for all medical treatment that is reasonable and necessary to treat the injuries you received in the automobile collision. In addition, the “Minnesota No-Fault Automobile Insurance Act” (Minnesota Statutes Sections 65B.41 through 65B.71) provides medical benefits, income loss benefits, replacement services benefits and survivor benefits and funeral and burial expenses (in the event of a death arising out of an accident). Despite your efforts to obtain no-fault benefits, if you have not yet received no-fault benefits from your insurer, please call one of our attorneys to discuss your options.Additionally, if you do not have automobile insurance, or if your medical bills exceed $20,000 and/or your benefits have run out, please call one of our attorneys for assistance to discuss your options.
If you were driving or riding a motorcycle, you should check with the company that insures the motorcycle to see if the owner purchased no-fault benefits. Under Minnesota law, motorcycle insurance policies are not required to provide no-fault benefits unless the insured person elects the benefits and pays an additional amount for no-fault coverage. (INSERT HERE hyperlink to content you provided)
If you were a pedestrian or were riding a bicycle at the time of the collision and own a car that was insured, contact the insurance company who insures the automobile(s) in your household to access no-fault benefits. If you do not own an automobile and therefore own no policy of automobile insurance, contact the at-fault driver’s insurance company to receive no-fault benefits.
If you have been denied no-fault benefits, please contact one of our attorneys to discuss your options.
I did not cause the collision, so what happens to the person who did cause the collision?
At the scene of the collision, the responding law enforcement officer may have issued a ticket or a citation to the responsible driver. That will be taken care of through the court system, most of the time without your involvement. You may choose to bring a civil lawsuit against the person who caused the collision if you meet certain requirements:
First, another person was more negligent than you were in causing the accident (more than 51%); That the tort threshold has been reached (see below); and the claim must be brought within the statute of limitations.
Second, a permanent disability has resulted from the motor vehicle accident; That a permanent disfigurement has resulted from the motor vehicle accident; Death has occurred from the crash; That the motor vehicle accident has resulted in over sixty (60) days of lost work time; or the cost of the medical and chiropractic treatment is in excess of $4,000.00. (This does not include diagnostic x-rays or MRI's)
If you meet the above requirements you may be able to bring a claim against the responsible party to receive compensation for damages such as: pain and suffering, disability, disfigurement, wrongful death, emotional distress, scarring, lost wages, unpaid medical bills, loss of enjoyment of life, interference with marital and/or parental relationships, and other types of general damages.
Usually, the driver who caused the collision will have sufficient insurance coverage to compensate you for your injuries and damages from the collision. However, there are times when there is not sufficient coverage to compensate your losses. In these cases, a driver may be uninsured or underinsured and you may have other options for bringing a claim for damages. Please contact one of our attorneys to discuss your rights in this situation.
How long do I have to bring a claim against the driver who caused my injuries?
In most cases, you have six (6) years from the date of the accident in which to serve a Summons and Complaint on the person(s) who caused your injuries. This time period is known as the statute of limitations.If the injured person was a minor child at the time of the accident, he/she has until age 19 to serve a Summons and Complaint on the person(s) who caused his/her injuries.
If you are bringing a claim on behalf of a person who died as a result of someone else’s negligence, a wrongful death claim, the time period limitation is 3 years.
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