Minnesota’s No-Fault System Doesn’t Always Apply to Truck Accident Claims

Minnesota is one of 12 states that follow a no-fault auto insurance system. Generally speaking, that means if you suffered a bodily injury in an accident, you must file the claim with your own insurance company no matter who was at-fault—unless your claim meets certain criteria.

Known collectively as the “tort threshold,” these criteria establish how serious a victim’s injuries must be before he or she can seek compensation from the at-fault party. Of the twelve states with no-fault laws, five have verbal thresholds and seven have monetary thresholds.

Minnesota falls into the latter category with a monetary threshold of $4,000. That means it is unlikely that you will be able to bring a claim directly against the party who caused the crash unless you incur at least $4,000 in medical expenses.

There are, however, a few exceptions to this $4,000 threshold. For example, you may be able to bring a claim against the liable party if the accident caused permanent disfigurement, permanent injury, or at least 60 days of disability. Motor-vehicle collisions that result in death are also exempt from the monetary threshold. That means the victim’s surviving loved ones have the right to take legal action against the liable party regardless of the total cost of the damages incurred.

While most accidents that involve standard passenger-vehicles do not result in severe injuries, a truck accident is likely to cause catastrophic damage. As such, it is not uncommon for truck accident victims to meet the serious injury threshold and have the right to seek compensation from the at-fault trucker, their employer, and other parties whose negligence might have played a role in causing the collision.

What Kinds of Damages Can I Seek Following a Truck Accident?

If you file a claim with your own insurer under your PIP coverage, your policy might cover medical bills, lost wages, and replacement services for tasks that you can no longer perform because of your injuries. You cannot, however, seek compensation for non-economic damages.

The only way to recover compensation for pain and suffering, mental anguish, and loss of enjoyment in life is by bringing a claim against the liable party and/or their insurance company. If you happen to be married, your spouse may also be entitled to compensation for loss of companionship or consortium.

Punitive damages might also be available if your case involves a defendant who acted with deliberate disregard for the rights of others. Because most truck accident claims are filed on the basis of ordinary negligence, punitive awards rarely apply. If the trucker happened to flee the scene or was driving under the influence of drugs or alcohol, however, it may be possible to obtain a punitive award.

Call 800-770-7008 to Speak with a Truck Accident Attorney in Minneapolis

If you or someone you love was hurt in a truck accident, contact Bradshaw & Bryant to determine the most strategic way to pursue the compensation you deserve. Our consistently superior results demonstrate our commitment to excellence in every personal injury case we handle. Call 800-770-7008 or use our Online Contact Form to set up a free consultation with a truck accident lawyer in Minneapolis.