One of the most common questions I encounter is: The accident wasn’t my fault why should my insurance pay?
Minnesota is a no-fault state. This means we have a statute that allows people injured in car accidents in Minnesota to get some medical treatment, some wage loss, and some replacement expenses regardless of fault. The statute applies to whether you accidently go in the ditch or are hit by a negligent driver, thus the “no-fault.” Minnesota law specifically requires every insurance policy to provide $20,000 of medical and $20,000 of non-medical “no fault” coverage. For more information, click here.
While the no-fault statute applies to all car accidents, you may still have a claim against the other driver for your damages. Minnesota law allows you to pursue a claim against a driver that caused the accident if you have serious enough injuries. If you have more than $4,000 in medical expenses OR a permanent injury OR scarring or disfigurement OR 60 days of disability or more, you can bring a claim against the driver (i.e., their insurance carrier) that caused the accident.
Payment of No-Fault medical bills can be fairly simple and may not require a lawyer’s help. However, claims being made against an at fault driver generally are legally complex. The determination of the amount the claim is worth and related issues, such as subrogation, are complex legal issues that you want a skilled lawyer to handle. The risk of handling the case yourself spans from being undercompensated to failing to properly address a subrogation claim, potentially getting sued or lose future medical coverage.
You want a lawyer that can not only settle your case properly but also try your case to a jury. There are many lawyers willing to settle your case but far fewer willing, and able, to try the case in front of a jury.
Bird Jacobsen & Stevens PC, will settle or try your case depending on what is needed and your wishes. Both Charles Bird and Jeremy Stevens are Certified Civil Trial Specialists by the Minnesota State Bar Association. Less than 3% of Minnesota Lawyers carry this certification. If you are in a car accident, give us a call and we can help you through the maze of insurance. With car accident cases, we don’t get paid unless we recover on your behalf.