No-fault benefits
What your own policy pays regardless of who caused the crash, what it does not pay, and the threshold that governs when you may sue for anything beyond it.
Nothing on this page is advice about your situation, and no article can be. If you want your own facts looked at, a Minnesota personal injury attorney can do that.
It just happened
The first days. What to do, what not to say, and which clocks have already started.
- The recorded statement: what an adjuster is doing when they ask for one
Two different companies ask for a recorded statement and the request means two different things. One duty is written into the No-Fault Act. The other is not written anywhere.
- Which clocks start the day you are hurt
Minnesota does not have one injury deadline. It has a general six-year limitation, several much shorter ones, at least three notice periods that expire long before any of them, and a rule about when a lawsuit counts as started that surprises people.
- Hit while walking or on a bicycle: the coverage question starts with a definition
A pedestrian or a cyclist struck by a car in Minnesota usually has no-fault benefits, and the reason is a definition rather than a policy. What a bicycle is, what a motorcycle is, and what happens when there is no policy anywhere are each answered in a different section of the No-Fault Act.
Who pays the bills
No-fault, health plans, liens, and the layers of coverage most people do not know they have.
- Minnesota no-fault (PIP): what it pays regardless of who caused the crash
Basic economic loss benefits are two separate buckets, not one. This is what each one covers, whose policy pays, when the payment is late, and what the insurer owes you when it is.
- Who gets repaid out of your recovery: health plans, hospitals, and subrogation
Several parties have a claim on the money before you see it, and each one operates under a different statute with different limits. Minnesota caps some of them. Federal law removes the cap from others entirely.
- Motorcycles and the No-Fault Act: the coverage a rider is presumed not to have
A motorcycle is not a motor vehicle under Minnesota's No-Fault Act, and almost everything else follows from that. The legislature was so certain riders would misunderstand it that it wrote the warning into the statute and specified the type size.
Making the claim
Fault, thresholds, damages, and what the adjuster on the other end is actually doing.
- Comparative fault: being partly at fault is not the end of a claim
Minnesota bars a claim only when the claimant's fault is greater than the fault of the person they are suing. That comparison is made defendant by defendant, and the arithmetic runs in an order most people get backwards.
- The tort threshold: when a Minnesota crash claim can include pain and suffering
Minnesota closes off damages for noneconomic detriment in most motor vehicle cases unless one of five statutory gates opens. Four of them have nothing to do with a dollar figure, and the dollar figure is not the sum of the medical bills.
When it goes wrong
Denials, lowball offers, disputed fault, and the deadlines that end a claim quietly.
- Underinsured and uninsured motorist coverage, and the notice that comes before the settlement
Minnesota requires every auto policy to carry both coverages, and a claimant's own insurer becomes the one on the other side. The measure of a UIM claim was rewritten by the legislature in 1989, and the leading case predates the rewrite.