When Does Fault Matter in Minnesota Car Accident Claims?

Unlike most other states, Minnesota follows a “no-fault” insurance system. That means car accident victims usually seek compensation from their own no-fault insurance provider regardless of who was responsible for the crash.

No-fault coverage, or personal injury protection (PIP), was introduced to ensure prompt medical care for injured parties and to limit the number of personal injury lawsuits filed. PIP insurance covers medical expenses, lost wages, and replacement services such as housekeeping. In the event of death, it will also provide surviving family members with $2,000 for funeral expenses.

Of course, if you sustained a serious injury, it’s likely that your PIP policy limits will be insufficient to cover all your hospital bills and other damages. You may also endure non-economic damages like pain and suffering, which isn’t covered by personal injury protection. Fortunately, there are scenarios when accident victims can bring a personal injury claim directly against the party who caused their injuries. Those scenarios include:

1. You Incur More Than $4,000 in Medical Expenses 

If your injuries cost more than $4,000 to treat, you can file a claim against the party who was responsible for the accident. This is why it’s essential to track all medical expenses diligently from day one. 

2. You Sustain a Permanent Injury 

If you’ve suffered a permanent disability such as a brain injury or paralysis, you have the right to pursue damages directly from the at-fault party. You can also bring a claim against the liable party if the accident has caused permanent scarring or disfigurement. 

3. You Experience at Least 60 Days of Disability 

If the injuries prevent you from actively engaging in all your usual activities for at least two consecutive months, you can pursue damages directly from the at-fault party. For your claim to be successful, though, you’ll need strong evidence to prove the existence and severity of your disability. Such evidence might include medical records, photos of injuries, and statements from medical experts.

What Kinds of Damages Can I Pursue by Filing a Personal Injury Claim? 

As previously mentioned, personal injury protection does not cover non-economic damages, but you can pursue such damages if you bring a claim directly against the at-fault party. Depending on the circumstances, the following damages might be recoverable:

• Medical bills;
• Lost income and benefits;
• Loss of future earning capacity;
• Property damage;
• Home care;
• Home and vehicle modifications;
• Pain and suffering;
• Loss of enjoyment in life;
• Humiliation; and
• Mental anguish. 

Call 800-770-7008 to Discuss Your Case with a Minneapolis Car Accident Lawyer 

If you sustained serious injuries in a collision through no fault of your own, contact Bradshaw & Bryant. We have the knowledge, resources, and tenacity to help you pursue the maximum payout possible.

Our attorneys have many years of experience taking on some of the largest insurance companies in the state. We can protect your rights through every stage of the proceedings, and we’re not afraid to take your case to trial if the opposing party refuses to settle. Call 800-770-7008 or use our Online Contact Form to set up a free case evaluation with a car accident attorney in Minneapolis.