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Specific areas of
Personal Injury
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AUTOMOBILE ACCIDENTS
I.
MINNESOTA NO-FAULT LAW
Minnesota has adopted a law known as No-Fault.
Minnesotans are required to have No-fault (also know as Personal
Injury Protection or PIP) insurance as part of their automobile
insurance coverage. Under this law, if you are injured in a car
accident (whether a driver or passenger) or injured by a car while
you are a pedestrian or on a bicycle, your own car insurance pays
for your reasonable and necessary medical expenses, regardless to
who is at fault in the accident. Fault is not an issue, so even if
you cause the accident your reasonable and necessary medical
expenses, wage loss, and replacement services should be covered. The
minimum amount of No-fault insurance you are required to carry is
$20,000.00 per incident. You are also able to carry additional
coverage. As previously mentioned, No-fault insurance also covers
your lost wages and replacement services resulting from the
accident. Wage loss benefits are payable if you are unable to work
because of an injury suffered in the accident.
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II.
NO-FAULT CLAIMS
A No-Fault claim is made to your own insurance
company or the insurance company that insured the car in which you
were riding. As mentioned above, No-Fault insurance will cover
medical expenses, wage loss, and replacement services resulting from
the accident. No-Fault Claims are usually handled through
Arbitration instead of the regular court trial system. For more
information about No-Fault Claims and Arbitration, please click here
or call the attorneys at Reitan Law Office. We would be happy to
meet with you and discuss these issues. As always, there is no cost
or obligation to meet with an attorney and discuss your claim.
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III.
LIABILITY CLAIMS
A liability automobile accident claim exists when another person is negligent in causing the accident.
Negligence is simply being “at fault” or partially at fault for causing the accident. If you are involved in an
accident in which someone else was at fault or partially at fault you may have a right to compensation for your
injuries above those paid under your No-Fault coverage. This includes pain and suffering and mental distress.
In addition to proving the other party (or parties) were at fault you must also show that you meet one of the
tort “thresholds”. Specifically, Minnesota law provides that a person injured as the result of an automobile
accident in Minnesota may commence a lawsuit for non-economic loss, otherwise known as pain and suffering or
General Damages, where one or more of the following thresholds are met as a result of the accident.
- Death;
- Permanent Injury;
- Permanent Disfigurement (Such as a Scar);
- Medical/Chiropractic Expenses in Excess of $4,000;
- Disability from Normal Activities for 60 Days or More; or
- Wrongful Death of a Close Relative, Such as a Parent, Child, or Spouse in the Accident.
As mentioned above, in order to recover General Damages, such as pain and suffering, you are supposed to meet one of
these thresholds. The question of what is a Permanent Injury, what is a disability, and what expenses qualify for the
$4,000 limit often need to be answered by a qualified attorney. Reitan Law Office has more than 30 years experience
representing people injured in automobile accidents and would be happy to answer these questions and any others you may
have about your rights. There is no cost or obligation to meet with one of our attorneys to discuss your claim.
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IV.
COMMON QUESTIONS & ANSWERS
REGARDING AUTOMOBILE ACCIDENTS
1. What should I do if I am in an automobile accident?
a. First, you must stay at the scene.
b. Second, if you are able to you should call the police or request that a witness call the police. It is important not to try handle the accident by yourself.
c. You should also, if possible, render aid to others injured in the accident.
d. If you are injured and need immediate medical care, you should stay in your car and seek medical attention at the scene.
e. Also, if possible, keep your car in its original position. However, if it is necessary, move the car, but do so with as little movement as possible.
f. Never admit fault or responsibility.
g. Finally, gather information at the scene. It is important to get the name, address, and phone number of all those involved, including witnesses. You also should get the license plate number, driver’s license number, and insurance information of all drivers involved.
2. What should I do after an automobile accident?
a. After an accident occurs (and after you have taken the steps listed above) you should immediately contact your automobile insurance company.
b. It is also very important to see a doctor promptly, if you are injured. This will not only help with your recovery but also ensure your injuries will be documented.
c. Next, you should report the accident to the Minnesota Department of Public Safety Driver and Vehicle Services at 445 Minnesota Street, Suite 118, St. Paul, Minnesota 55101. Please visit our Legal Resources page for a web link to the Minnesota Department of Public Safety website and to a blank Accident Report form.
d. If you have any visible injuries, such as bruises, scars, cuts, etc, you should take photographs of them right away. You should also likely take photographs of the damage to your vehicle.
e. Finally, you should contact your attorney to fully understand your rights and legal responsibilities.
3. Who pays my medical bills?
Under Minnesota’s No-Fault law, your automobile insurance pays for your reasonable and necessary medical bills related to the accident. The minimum amount of No-fault insurance you are required to carry is $20,000.00 per incident.
You are also able to carry additional coverage.
Your insurance company has the right to have you seen by a doctor or their choosing to determine if you medical bills are reasonable, necessary, and related to the accident. You are required to go to this appointment, but should consider meeting with an attorney first to discuss your rights and what may happen after the medical appointment. These medical exams are commonly referred to as an “Independent Medical Examination.” No-Fault insurance carriers are becoming more aggressive sending you to an “Independent Medical Examination”. Our experience is that these are not really independent or neutral examinations and are often used by the insurance company to stop paying your no-fault benefits.
If an insurance carrier refuses to pay reasonable and necessary medical bills related to the accident you are entitled to go to No-Fault Arbitration and have the dispute decided by an arbitrator.The attorneys at Reitan Law Office would be happy to meet with you at no cost or obligation to discuss payment of your medical bills and the Arbitration process.
4. Will my wage loss be paid?
Under Minnesota’s No-Fault law, your insurance pays for your wage loss that is related to the accident. Again, fault is not an issue. Even if you are at fault in the accident your wage loss related to the accident should be paid. There is a weekly maximum payment of 85% of your average weekly wage, not to exceed $250 per week. Additionally, there are also benefits available if you have to hire someone else to handle services for you that you did prior to the accident. These might include mowing the lawn or shoveling your driveway. The total amount payable for wage loss and replacement services is generally $20,000 unless you have purchased additional coverage.
5. Can I settle a claim by myself?
Yes, you can do this, but a better question is should you settle a claim by yourself. Studies show that people with attorneys on average receive significantly higher settlements and results than people without attorneys. Additionally, depending on the type of settlement there are many complicated requirements that may need to be followed to ensure your full recovery. For example, you may need to give notice to your automobile insurance carrier in order to file a claim for underinsured benefits. For more information on underinsured benefits please click here. Also, you may need to pay back some of the medical payments or wage loss benefits you may have received from a health insurance company, Medicare, or other like groups. Reitan Law Office has attorneys experienced in dealing with these issues and would be happy to discuss your claim, or a settlement offer you may have received, at no cost or obligation.
6. What happens if the other driver does not have any insurance or does not have enough insurance to cover my losses?
If you are involved in an accident with a negligent driver who does not have insurance, you can still recover through your uninsured insurance coverage. In this situation your insurance steps in to the shoes of the uninsured driver and pays for your damages. You are still required to show that the other driver was at fault and meet one of the thresholds discussed in the Liability Claims section to recover. Please click here to see that information. Your uninsured protection can also protect you in the case of a hit- and-run driver who is at fault.
If you are required to use your uninsured coverage your insurance rates should not go up unless you were partially at fault.
Also, if you are involved in an accident with a person who is at fault and does not have enough insurance to cover your losses, you may be protected by your automobile insurance’s underinsured coverage. Underinsured coverage, which is required in Minnesota, pays for your damages which exceed the policy limits of the at fault party’s coverage. It is rather common to have an at fault party who does not have adequate insurance coverage. In Minnesota a driver is only required to have $30,000/$60,000 in coverage. This means that they have $30,000 in coverage available per person/per accident, with a total of $60,000 of coverage if there are 2 or more people suffering damages in the accident. Therefore, the most any one person can recover through that insurance policy in an accident is $30,000. Again you still are required to show that the other driver was at fault and meet one of the thresholds discussed elsewhere. Also, like uninsured situations, if you are required to use your underinsured coverage your insurance rates should not go up unless you were partially at fault.
If you are involved in a situation where there was an at fault driver who had no insurance or inadequate insurance, the attorneys at Reitan Law Office would be happy to discuss your claim and answer your questions regarding uninsured and underinsured coverage, as well as your general automobile accident questions. There is no cost or obligation to meet with us and have your questions answered.
7. Who can I bring a claim against?
If you are in an automobile accident you can bring a claim against any person who was negligent or at fault for causing the accident. Also, under Minnesota law the owner of a car is responsible for damages as well as the negligent driver.
8. Can I still recover if I was not wearing a seatbelt at the time of the accident?
Yes, even though Minnesota law requires the wearing of a seatbelt. It is certainly strongly recommended that you do wear a seatbelt at all times when driving in an automobile. However, in a claim for damages in an automobile accident the at fault party is prohibited from introducing evidence that a person was, or was not, wearing a seatbelt at the time of the accident. This means that even if you were not wearing a seatbelt you still have a claim against the negligent or at fault driver (and/or automobile owner) and can still recover for the injuries and other damages you sustained.
9. How much time do I have to make a claim for my injuries and other damages?
The general rule in Minnesota is that you have 6 years from the date of the automobile accident to bring a claim against the negligent driver. This is known as the Statute of Limitations period. Depending on your situation there are other time limits which may also apply. The attorneys at Reitan Law Office would be happy to meet with you and discuss these rules without charge or obligation.
10. Can I afford an attorney?
Yes. The attorneys at Reitan Law Office handle all automobile accident claim on a contingency fee basis. That means you will not be charged for attorney’s fees unless you recover.
11. What is Arbitration?
If your insurance company refuses to pay your medical bills, wage loss, or other no-fault (PIP) benefits related to your accident you have the right to dispute their determination through an Arbitration hearing. Arbitration is a relatively informal and quick process to have the dispute heard. The Arbitration is normally handled through the American Arbitration Association. As your attorney we will have input into the selection of the arbitrator. No-Fault insurance carriers are becoming more aggressive sending you to an “Independent Medical Examination”. Our experience is that these are not really independent or neutral and are often used by the insurance company to stop paying your no-fault benefits. A claim in Arbitration can be essential in the process to protect your rights. Our attorneys are extremely experienced in handling No-Fault Arbitrations and would be happy to discuss the process and your claim and no cost or obligation.
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