Car Accidents

Automobile injury claims are different from other types of injury claims in Minnesota and most other states.  In automobile accident cases there are typically two types of claims.  One is called a No Fault claim, the other is called a Liability claim.  The following is a summary of what these claims are, and how they work. 

No Fault
The first type of claim you may have is a No Fault claim.  This claim is typically made to your own insurance company or the insurance company that insured the car in which you were riding (there are exceptions).  The no fault provision of your insurance policy will cover medical expenses, wage loss, replacement services, and other benefits up to the policy limits. 

You should call your insurance company promptly to report the accident and any claim.  The company will then send you an Application for Benefits form to get the claims process started.  The insurance company will have to verify your expenses before they will be paid or reimbursed to you.  This means that before you are paid the company will need copies of your bills, medical records, doctor disability statements, and wage loss verification from your employer.  These claims are discussed in greater detail below under the section No Fault Claims Revisited.

Liability
The second type of claim you may have is a liability claim.  If another person is as much or more at fault than you in causing the collision then you may have a right to compensation for your injuries including pain, suffering, and mental distress from the person at fault and their insurance company.  In addition to proving that the other party or parties were at fault, you must be able to provide that your injuries meet a legal requirement called a tort threshold.  A threshold must be met in order to bring a liability claim which entitles you to go to court if the case cannot be settled out of court by agreement of all concerned.  Under Minnesota law, your injury must involve at least one of five threshold requirements.

• $4,000.00 in medical expenses OR
• a permanent disfigurement (such as a scar)  OR
• a permanent injury from which you more than likely will never fully recover  OR
• a disability which prevents you from engaging in substantially all of your usual and customary daily activities for 60 days or more.  OR
• wrongful death of a close relative such as a child, spouse, or parent 

If your case does not involve at least 1 of these threshold requirements, then you cannot bring a claim for the compensation of the pain and suffering and emotional distress caused by your injuries.  You will be limited to the No Fault Benefits which essentially cover your actual expenses, that is to say that you will get nothing for pain and suffering.  Some of this information will be discussed more fully below.

Property Damage
Property damage from automobile collisions is generally covered under the liability system and the insurance company of the driver who was at fault is responsible for paying the fair market value of the car if it is beyond repair or the reasonable cost of repair if it is not.  If there is a dispute as to who caused the accident, and you are partially at fault, then your recovery will be reduced by the percentage that you were at fault.  The other person at fault must be at least equal to or greater than your percentage of fault for you to get any money for your car damage.  Frequently, it is quicker and easier to claim property damage reimbursement under the collision coverage of your own insurance policy.  Your insurance company will then try to collect from the other insurance company and you don’t have to worry about anything except paying the deductible amount under your own insurance policy.

OUR RESPONSIBILITIES

Our first step is to notify all involved insurance companies and all other involved parties of that fact that you have retained our firm to represent you.  They should all then contact us about your claim and not bother you.  We will also obtain police and accident reports as well as hospital and doctors’ records, wage records, witness statements, photographs, and any other pertinent information necessary to build your case.

Once the investigation is completed and your damages have been determined, we will evaluate your case and submit a demand for settlement to the liability insurance company.  We will then negotiate with the insurance company regarding an appropriate settlement figure.  We will then tell you of the offer, and will not settle your case without your consent.

 YOUR RESPONSIBILITIES

You should see your doctor as often as your symptoms require.  You should follow your doctor’s advice with regard to your treatment.  We will require updated records for the doctor from time to time, but you should call us when there is any new information regarding your medical condition.

You should not discuss your case with anyone over the phone unless they first identify themselves as being affiliated with our office.  If you are not sure who is calling, get a name and phone number and then call us.  We will be able to verify whether you should be speaking to that person about your case.  If you receive a call from any investigators, attorneys, claims adjusters, or other person not affiliated with our office, do not provide any information.  Simply tell the person that you are represented by an attorney and give them our name and telephone number.

Please inform us immediately of any change in address or phone number by calling our office or writing us a letter with the new information.  Tell us of any changes in your treating doctors, if a specialist is being called in or if your doctor stops giving you treatment.  Tell us of any change in your employment status and notify us immediately if you are involved in another accident or suffer a serious illness.  All these things may have an impact on your case.

Finally, you should keep records of how your injuries are interfering with your daily activities, whether at work, at home or during recreational activities.  We suggest a daily journal or diary.  If you receive any medical bills in the mail, please send them to us.  You should also keep track of your prescription costs, mileage driven to and from doctor’s offices and any other expenses you incur and provide copies of those expenses to us.  The originals should be sent to your No-Fault insurance company, as discussed below.

 NO FAULT CLAIMS – REVISITED
If you were in your own vehicle at the time of the accident, your own insurance company will provide no fault coverage for you.  If you were in another vehicle, please ask us to analyze which company may provide benefits for you.  Even if none of the vehicles carried insurance, you might be entitled to coverage through the Minnesota Automobile Assigned Claims Plan.  

Coverage for injuries arising out of the use of a motor vehicle carry a $20,000.00 minimum for medical and related expenses, and a minimum of $20,000.00 for loss of income, disability, and replacement services. 

Lost Wages
If you lose wages as a result of your injuries, you may be eligible for benefits equal to 85% of your gross income up to a maximum of $250.00 per week or more if you have purchased more than the minimum coverage.  Benefits are reduced by any wages actually earned, but may still be collected if you are out of work and are being paid under a wage continuation plan.  If you were unemployed at the time of the accident but were eligible for unemployment benefits, you could qualify for wage loss benefits.  These benefits may also cover vocational rehabilitation, counseling or retraining, and replacement services (money you pay to others to do things you would normally do yourself).  Please call us with any questions you may have regarding these benefits.

Medical Expenses
Medical expense benefits cover expenses incurred while pursuing treatment for your injuries.  These benefits will cover doctor bills, hospital expenses, chiropractic expenses, x-rays, prescription medications, special devices you may need and mileage to and from medical visits.  You will need to keep track of the expenses and mileage and submit them to the No-Fault company.  You should have your doctors submit their bills directly to the company for payment.  If you belong to an HMO, you do not need to see doctors affiliated with your plan.  You may choose any doctor you wish.

Minnesota law allows insurance companies to discontinue your benefits if there is a lapse in you treatment and disability of one year or more.  Thus, it is important that you see your doctor regularly as long as your symptoms continue.

Owners of uninsured vehicles involved in accidents may be liable for any medical bills paid out by Assigned Claims (subrogation).

Medical Examinations
Minnesota law requires you to cooperate with your No-Fault company, which includes submitting to a medical examination by a doctor of their choice.  The exam must generally be scheduled within the city where you live.  There are exceptions.  If you receive notification for one of these examinations, notify us immediately.  We will give you some pointers to help prepare you for the examination.

Discontinued benefits
In some cases, the No-Fault company denies benefits based on their doctor’s examination or for other reasons.  The law requires that most of these disputes be resolved in arbitration.  Arbitration is a method of resolving disputes by presenting the case to a neutral party.  The decisions of arbitrators generally are binding on the parties.

 LIABILITY CLAIMS – SETTLEMENTS AND LAWSUITS

As discussed earlier, you may have a liability claim.  We must ask that you be patient in regard to settling this claim.  No case can be settled until all the facts are known.  We need to understand as much as we can about your injuries so we can obtain the settlement that you deserve.  It generally takes several months for us to gather all of the information that we need.  It can take from 12 to 18 months for your doctors to decide that you have been healed as much as possible.  At that point they will tell us whether you have healed completely or whether you have injuries which are likely to be permanent.

Some cases cannot be resolved by way of settlement for a variety of reasons.  If we cannot settle your case, we may, after consultation with you, file a lawsuit.  Once the case is in suit, we will need your assistance on the following matters:

Interrogatories:  these are written questions sent to us by the other party.  We will need your help in answering them

Deposition:  this is where your testimony will be taken under oath regarding the claims you have made. 

If you or a loved on has been injured in a car accident, contact us today for a free consultation.  Call 612-370-1406 or click here to e-mail