See what to do after a Minnesota car accident to protect your rights and build a strong injury claim.
Every day, one or more people are killed on Minnesota roadways because of speeding, intoxication, or distracted driving.¹
Minnesota is a no-fault insurance state. This means if you or a family member are injured in a vehicle accident, you must first rely on your own Personal Injury Protection (PIP) coverage. You cannot pursue the other driver for damages unless your injury exceeds the no-fault threshold.
Here we discuss what you need to know about Minnesota traffic laws and vehicle injury claims.
What to Do After a Minnesota Car Accident
Drivers who violate Minnesota car accident laws are risking monetary fines, traffic citations, and possible jail time. Here are five steps you can take after a car accident to comply with Minnesota laws and start building a solid insurance claim.
1. Stay At the Scene and Exchange Information
Minnesota drivers are required to stop and remain at the scene of an accident that may involve injury or death. Drivers must provide their driver’s name, date of birth, mailing address or email address, and the registration plate number of the vehicle being driven. Drivers must show their license to police at the scene.
2. Call 911 and Help the Injured
In Minnesota, drivers are obligated to notify police in the quickest way possible. They must also render reasonable assistance to the injured, including arranging transportation to the nearest medical facility if the person is obviously injured or asks to be taken.
Failing to report an accident may be a felony offense punishable by hefty fines and even jail time. Calling 911 to report the accident and request an ambulance can satisfy your legal obligation.
The investigating police officer will file a crash report within ten days.
3. Seek Prompt Medical Treatment
Refusing or delaying medical attention after an accident can harm you in several ways. You not only put your health at risk, you give the insurance company an excuse to deny your injury claim. The adjuster can say your injuries aren’t related to the accident. If you turn out to have more severe injuries, the at-fault party can argue that you failed to mitigate your damages.
Let paramedics examine you at the scene. If they want to take you to the hospital, go with them. If you aren’t taken to the hospital by ambulance, arrange to go to urgent care on your own, preferably on the same day as the crash.
Tell your medical provider about every injury and symptom, not just the most obvious one. You’re entitled to compensation for all your injuries, so be sure all your injuries are noted in your medical records.
You’ll need copies of your medical records to support your claim.
4. Gather Evidence From the Scene
You don’t have to prove the other driver caused the accident to make a PIP claim in Minnesota, but you still need evidence linking your injuries to the accident.
For severe injuries that exceed the no-fault threshold, you must provide evidence of fault before the at-fault driver’s insurance company will accept your claim. You need to prove the other driver did something wrong or failed to do what any reasonable person would do to prevent an accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Minnesota is a no-fault insurance state, meaning your bodily injury claims are paid by your PIP coverage no matter who caused the accident. Claims for injuries that exceed the no-fault threshold or PIP limits, and property damage claims should be covered by the at-fault driver’s liability insurance.
Unless you hired an attorney to handle your claims, you’ll need to notify both your own insurer and the at-fault driver’s insurance company as soon as possible after the accident.
Don’t wait until after you’ve recovered from your injuries before making a claim to your own insurance company.
Minnesota PIP claims must be made to your own insurer within six months of the accident date.
That said, you don’t have to settle your claim while still treating your injuries. If the adjuster is pushing you, consult a personal injury attorney.
Why Notify Your Own Insurance Company?
Minnesota is a no-fault state, so you must first rely on your own policy for your medical bills and lost wages.
Equally important, your auto policy is a binding contract that includes a “notification and cooperation” clause. You are required to notify your insurance company of an accident, even when the other driver was at fault. In turn, your insurance company has a duty to defend you against any lawsuits arising from the accident.
You risk losing those contractual protections if you don’t promptly notify your insurance company of an accident and cooperate with their investigation.
Severe injury claims are best handled by an experienced personal injury attorney. Your attorney will defend you against allegations of shared fault, gather evidence to prove that your injuries exceed the no-fault threshold, and identify all potentially liable parties.
Minnesota Fault and Liability Rules
Minnesota is a no-fault insurance state. When you or a family member are injured in a vehicle accident in Minnesota, you must first rely on the PIP coverage that is part of your own auto insurance policy.
The no-fault threshold is reached when medical expenses exceed $4,000 or the injuries result in:
- Permanent disfigurement
- Permanent injury
- Disability for 60 days or more
- Death
Minnesota Shared Fault Rules
Minnesota is a modified comparative fault state, also called the 51 percent rule. This rule means you can seek compensation from the other driver so long as you are not more to blame than the other driver. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in Minnesota
Roger was traveling on Piedmont Avenue in Duluth on his way home from work. He was driving his black SUV, and didn’t realize his brake lights weren’t working. It was snowing and getting dark when traffic ahead of him came to a sudden stop. Roger stopped in time, but the car behind him did not.
Bob was driving home from work in his pickup truck while talking to his girlfriend on the phone. He was distracted by the conversation and didn’t realize the SUV in front of him had stopped until it was too late.
Roger suffered whiplash and disc injuries to his neck and back. He was in constant pain and unable to work for several months. He sued Bob for $60,000, claiming a disability for more than 60 days, as well as permanent disability from his injuries.
At trial, the jury decided that Bob was 60 percent to blame for the crash because he was following too closely and distracted by his phone call. The jury found Roger to be 40 percent to blame because his tail lights were not working, making it more difficult to see his dark vehicle at night.
Roger’s $60,000 was reduced to an award of $36,000, representing a 40 percent reduction for his shared fault.
Minnesota Car Accident Compensation
The average settlement for a moderate car accident claim in Minnesota is $48,579, with average payouts ranging from $5,638 for minor injuries to $377,412 for severe injuries.
Injury settlements in Minnesota can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Hennepin County, Kassim v. Bigwood, PI 04-11186, the plaintiff was awarded $500 for soft-tissue injuries. The plaintiff was found to be 40 percent at fault for his injuries.
- In Anoka County, Spindler v. Westman, 02-CV-2018-005550, the court awarded $1,065,507 for a broken neck and related injuries. The defendant disputed the extent of the plaintiff’s injuries.
Use our free Minnesota Personal Injury Calculator to estimate the value of a minor injury claim.
Factors that impact Minnesota car accident compensation include:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like buses, delivery trucks, and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Minnesota State Minimum Insurance Requirements
Minnesota is a mandatory insurance state. Vehicle owners must carry insurance PIP coverage of no less than $40,000, liability limits of at least $30,000 per person/$60,000 per accident for bodily injury, and $10,000 for property damage.
Minnesota vehicle owners are required to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage of $25,000 per person and $50,000 per accident. UM and UIM coverage only covers medical costs.
How to Calculate a Minor Injury Settlement
You can estimate the payout of a mild to moderate claim by adding up your medical bills, out-of-pocket medical expenses, lost wages, and replacement costs, like childcare and snow shoveling. Your costs will be paid by the Personal Injury Protection (PIP) on your policy, also called Basic Economic Loss Benefits.
PIP does not pay for pain and suffering.
Severe injury claims that exceed the no-fault threshold are allowed to seek full compensatory damages, including pain and suffering from the at-fault parties. You will need an experienced personal injury attorney to get a fair payout for serious injuries.
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