Minnesota Auto Accident Guide: Understand Your Rights and Next Steps

Minnesota Is a No-Fault State: What That Means for You

Minnesota uses a no-fault insurance system (also called Basic Economic Loss or PIP). After most crashes, you first turn to your own PIP coverage for medical expenses and certain economic losses, regardless of who caused the collision. See Minn. Stat. § 65B.44.

You may still bring a claim against an at-fault driver. For economic losses not covered by PIP, a tort claim may be allowed without meeting a threshold, but you cannot recover duplicate amounts. For non-economic damages (such as pain and suffering), you must meet specific statutory thresholds. See Minn. Stat. § 65B.51, subd. 1 and subd. 3.

PIP Benefits and Stepping Outside No-Fault

PIP provides prompt payment for reasonable medical treatment and certain income and replacement services. See § 65B.44. You may pursue non-economic damages against an at-fault driver only if you meet one of Minnesota’s thresholds: death, permanent disfigurement, permanent injury, disability for 60 days or more, or more than $4,000 in medical expenses (excluding diagnostic X-rays). See § 65B.51, subd. 3.

Comparative Fault: How Shared Responsibility Affects Recovery

Minnesota applies modified comparative fault. Your compensation is reduced by your percentage of fault, and you are barred from recovering from another party if your fault is greater than the fault of the party or parties from whom you seek damages. See Minn. Stat. § 604.01.

What To Do Immediately After a Crash

• Check for injuries and call 911.
• Move to safety if possible and turn on hazard lights.
• Exchange information: names, contact details, driver’s license numbers, license plates, and insurance policy numbers.
• Photograph vehicle positions, damage, road conditions, traffic controls, and visible injuries.
• Identify witnesses and obtain statements or contact details.
• Seek medical care promptly, even if symptoms seem minor.
• Notify your insurer as soon as practicable and follow policy requirements.

Medical Care and Documentation

Prompt evaluation connects your injuries to the crash and supports your claim. Keep medical records, bills, prescriptions, imaging, and a symptom diary. Follow treatment plans and attend all appointments. Gaps in care can undermine both health outcomes and claim value.

Property Damage and Total Loss Issues

Pursue property damage through the at-fault driver’s liability coverage or your own collision coverage. Keep estimates, repair invoices, and rental receipts. If your vehicle is a total loss, valuation is usually based on actual cash value. Dispute low valuations with comparable listings and maintenance records.

Dealing With Insurance Adjusters

• Be factual and concise; provide relevant documents.
• Avoid speculation about fault; be cautious with recorded statements.
• Do not sign broad medical releases for unrelated records.
• Keep a communication log with dates, names, and summaries.
• Consider legal counsel before accepting a settlement.

Evidence That Strengthens Minnesota Claims

• Police crash report and any diagrams or citations.
• Photos, dashcam footage, or nearby surveillance video.
• Medical records linking diagnoses and treatment to the crash.
• Proof of lost income and employer verification.
• Expert opinions in disputed cases (reconstruction, medical causation).

Pain and Suffering, Lost Wages, and Other Damages

Depending on your eligibility to step outside no-fault, you may seek compensation for medical expenses not covered by PIP, lost income, diminished earning capacity, pain and suffering, emotional distress, and other losses tied to the crash. See Minn. Stat. § 65B.51.

Uninsured and Underinsured Motorist Coverage

Minnesota auto policies must include uninsured (UM) and underinsured (UIM) motorist coverage, which can help when an at-fault driver has no insurance or too little. See Minn. Stat. § 65B.49, subd. 3a. Give prompt notice and follow policy conditions to preserve UM/UIM claims.

Deadlines and Notice Requirements

Minnesota law imposes strict time limits for injury lawsuits and certain insurance claims. The general limitations period for many negligence claims is found in Minn. Stat. § 541.05. Government-related claims may require early formal notice. See Minn. Stat. § 466.05. Policies may include shorter deadlines for notice, IMEs, and proofs of loss.

FAQ

Do I have to meet a threshold to claim pain and suffering?

Yes. You must satisfy one of Minnesota’s thresholds (e.g., $4,000 in medical expenses, 60+ days disability, permanent injury, permanent disfigurement, or death) before pursuing non-economic damages. See § 65B.51, subd. 3.

What if I am partly at fault?

Your recovery is reduced by your percentage of fault. If your fault is greater than the party or parties you are suing, you cannot recover from them. See § 604.01.

Can I choose my own doctors?

Generally yes. Follow policy requirements and reasonable, necessary treatment. Insurers may request an independent medical examination under the policy.

How long do I have to file?

Deadlines vary by claim type and parties. Review § 541.05 and any applicable notice statutes for government claims, and check your policy for internal deadlines.

When to Call a Lawyer

Serious injuries, disputed liability, commercial vehicles, or UM/UIM questions warrant legal help. An attorney can preserve evidence, navigate thresholds, calculate damages, negotiate with insurers, and file suit if needed.

Ready to talk? Contact our team for a free, confidential consultation.