Minnesota follows a no-fault insurance system for car accidents. This means you typically turn to your own insurance company first after a crash, no matter who caused the accident. However, it doesn’t mean you can’t sue the other driver.
There are some exceptions to the no-fault rules where you can file a lawsuit against the other driver involved in the crash.
You must meet certain legal thresholds
You can sue the at-fault driver if you suffer serious injuries, such as permanent disfigurement or a disability lasting 60 days or more. Similarly, you may step outside no-fault and sue if your qualifying medical expenses exceed $4,000.
What can you recover in a lawsuit?
Once you meet the legal threshold, you can seek compensation for damages not covered by no-fault insurance. These include:
- Pain and suffering
- Emotional distress
- Future medical expenses
- Lost earning capacity
It’s worth noting that your contribution to the accident matters when filing a lawsuit. Under Minnesota’s comparative negligence rules, your compensation will be affected by your degree of fault. For instance, if you were found to be 20% responsible for the crash, your damages would be reduced by 20%. However, if you were more than 50% to blame, you cannot recover anything from the other driver.
Get the support you need to navigate your claim
Proving you qualify to sue the other driver after an accident and holding them accountable can be complicated, and insurance companies often push back to limit their payouts. Legal guidance is essential to understanding the state’s complex no-fault rules, gathering the evidence you need and ensuring your rights are protected. It can be instrumental in recovering a fair settlement to help you deal with the difficult aftermath of a crash.