Uninsured Motorist Claims in Minnesota: How to Collect
Uninsured motorist coverage is the safety net most Minnesota drivers do not think about until they need it. If the driver who hit you had no insurance, fled the scene, or turned out to be driving under an invalid policy, your own UM coverage steps in and pays what the missing driver should have paid. Collecting on a UM claim is not automatic, though, and insurers routinely deny, delay, and lowball these claims.
What UM Coverage Actually Is
Minnesota law requires every auto policy to include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident under Minn. Stat. 65B.49 subd. 3a. UM pays your bodily injury damages when the at-fault driver:
- Had no auto insurance at all.
- Was driving a vehicle whose policy was canceled or lapsed.
- Fled the scene (hit-and-run).
- Was operating a vehicle whose insurer became insolvent.
Stacking UM Coverage in Minnesota
Minnesota generally allows stacking of UM coverage across multiple vehicles in the same household under Minn. Stat. 65B.49 subd. 3a, though intra-policy stacking may be limited by policy language. Stacking multiplies your available coverage. A household with three insured vehicles at $50,000 UM each may access up to $150,000 in a stacked claim depending on policy terms.
How to Prove a Hit-and-Run Case
Minnesota lets you use UM after a hit-and-run even when the fleeing driver is never identified, but insurers require corroborating evidence:
- An independent witness who saw the impact.
- Physical evidence of contact (paint transfer, damage patterns).
- Video from traffic cameras, business surveillance, or dash cams.
- Prompt police report filed within statutory time.
Without any independent evidence of contact, insurers often deny UM for hit-and-runs on the ground that you cannot prove another vehicle was involved.
The UM Claim Process
- Notify your own insurer promptly (within days).
- File a police report if not already done.
- Preserve all evidence: photos, witness contact info, dash cam.
- Continue medical treatment and document everything.
- Notify the insurer in writing that you are pursuing a UM claim.
- Cooperate with reasonable requests from your insurer.
- Preserve arbitration rights: many UM policies require binding arbitration if a dispute arises.
Why UM Claims Get Denied
- Failure to prove contact in a hit-and-run.
- Alleged lack of cooperation.
- Late notice.
- Disputes over the extent of the injury.
- Disputes over fault percentages.
- Coverage exclusions (owned but not insured vehicles, business use, punitive damages).
Arbitration vs. Litigation
Most Minnesota UM policies require the plaintiff and insurer to submit disputed UM claims to arbitration. Arbitration is faster than trial but has its own procedural rules and limited discovery. Understanding whether your policy requires arbitration, and when, is critical.
UM and Auto No-Fault Interaction
Minnesota no-fault (PIP) still pays first for initial medical and wage loss. UM steps in for damages beyond PIP, including pain and suffering, once the tort threshold under Minn. Stat. 65B.51 is met.
Recoverable Damages Under UM
- Past and future medical expenses.
- Past and future lost income.
- Loss of earning capacity.
- Pain and suffering.
- Loss of enjoyment of life.
- Disfigurement and permanent impairment.
UM generally does not pay punitive damages. Property damage is usually covered under a separate uninsured motorist property damage endorsement.
Practical Tips
- Check your declarations page today to know your UM limits.
- Consider raising your UM limits when premiums allow.
- Never assume your insurer is on your side in a UM claim: after the claim is opened, they act as the adverse party.
- Do not give recorded statements to your own insurer about a UM claim without counsel.
- Preserve arbitration rights carefully.
Frequently Asked Questions
What is the difference between UM and UIM?
UM (uninsured motorist) pays when the at-fault driver had no insurance or fled. UIM (underinsured motorist) pays when the at-fault driver had insurance but not enough to cover your damages. Both are required minimums in Minnesota.
Can I make a UM claim after a hit-and-run?
Yes, but Minnesota generally requires corroborating evidence of contact with an unknown vehicle. Independent witnesses, video, or physical evidence of impact is essential to a hit-and-run UM claim.
How does stacking UM work in Minnesota?
Multiple vehicles in the same household with UM coverage often let you stack limits across policies, subject to policy language. Stacking can significantly increase available coverage in a serious injury.
Do I have to arbitrate my UM claim?
Most Minnesota UM policies require binding arbitration once liability or damages are disputed. Arbitration limits discovery and can be faster than trial, but has its own procedural rules.
How soon must I file a UM claim?
Notice should go to your insurer within days of the crash. Formal claim filing is typically within Minnesota’s six-year contract statute of limitations, but arbitration demand should be filed as soon as evaluation is complete.
Disclaimer: This article provides general information about Minnesota law and is not legal advice. For guidance about your specific situation, consult a licensed Minnesota attorney.
Talk to a Minnesota attorney at Metro Law Offices, Ltd.. Call 763-314-3800 or visit our contact page for a free consultation.
