Serving Minneapolis, Saint Paul and all of Minnesota
According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the United States is involved in a car accident. The NHTSA also reports there were 73,498 traffic crashes in Minnesota reported to Public Safety in 2009. And, there were 421 deaths on Minnesota roads. In addition to the 421 killed, 31,074 were injured. Of those injured, 1,271 sustained severe injuries, 7,714 sustained moderate injuries, and 22,089 sustained minor injuries. Unfortunately, automobile accidents are responsible for more deaths than virtually any other cause and give rise to the majority of personal injury claims in the United States.
The legal system in Minnesota ensures that if we suffer from injury due to an automobile accident, we can make a no-fault claim against the insurance company that provides us with the no-fault insurance coverage. Having no-fault insurance means that a driver involved in a motor vehicle accident has a right to payments from the driver’s insurance company for basic economic loss, including medical expenses, income loss, replacement services loss and, if the injury causes death, funeral expenses, survivor’s economic loss and survivor’s replacement services loss. All Minnesota motor vehicle owners must have no-fault insurance excluding motorcycles that only require liability coverage. Minnesota no-fault auto accident law is found in Minnesota Statutes Sections 65B.41 to 65B.71, which may be cited as the “Minnesota No-Fault Automobile Insurance Act.”
The basic premise behind the law is that any car owner in Minnesota carries insurance coverage for their own medical and other expenses in case of an automobile accident. This protects you from economic losses in case of an accident. According to the Minnesota No-Fault Automobile Insurance Act, insurance companies covering automobile accidents in Minnesota must provide for a minimum of $40,00 for loss arising out of the injury of any one person. This coverage includes $20,000 for medical expenses and $20,000 for lost wages and costs of replacement services. If the accident involved a death, the insurance will cover a portion of the funeral expenses and the survivors’ economic loss and replacement services. These benefits are available for all covered people when they are injured in a car crash regardless of fault.
No-fault law is complicated. If you or a loved one has been involved in a car accident contact an attorney at Gaskins Bennett Birrell Schupp LLP to represent you. Our attorneys will review your coverage amounts and make sure your insurance company pays all amounts required under the Minnesota no-fault law and your contract with your insurance company. We have years of experience with no-fault claims and will help you get the compensation you deserve. Call us today at 866-397-4497.
When you are involved in a car accident in Minnesota, you generally have two separate claims available to you. You have one claim against the person that caused the accident and you have a no-fault claim with your own insurance company for your medical bills and any lost income associated with the accident. The no-fault claim is primarily to cover your medical bills and lost income. This claim is made against your own insurance, and Minnesota law mandates that insurance companies provide drivers with coverage for medical expenses, lost wages, and other items.
The more substantial claim is usually the negligence claim against the driver who caused the accident. With your attorneys help you will need to establish negligence. The negligent driver is liable to pay you monetary damages for all of your property damage, injuries, and pain and suffering. Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
● Disobeying traffic signs or signals
● Failing to signal while turning
● Driving above or below the posted speed limit
● Disregarding weather or traffic conditions
● Driving under the influence of alcohol or drugs
If the other side is at fault but does not have insurance or has low policy limits, you may need to file a claim against your own insurance carrier for uninsured or underinsured motorist benefits. An uninsured motorist is someone who does not have any insurance or has insurance that does not meet the minimum requirements for that state. An underinsured motorist is someone who has insurance that meets the minimum state requirements, but their policy limits are insufficient to fully compensate you for your injuries.
If you have been injured in a car accident, your well being comes first. Your rights are next. The Minneapolis accident attorneys at Gaskins Bennett Birrell Schupp LLP bring more than 30 years of experience representing victims of auto accidents. We want to make sure that you are fairly compensated for your losses. It is important to act quickly after you’ve been injured in a car accident. Call 866-397-4497 today for a free consultation with one of our experienced auto accident lawyers. We have successfully litigated cases on behalf of injured motorists in Minneapolis, St. Paul, and throughout Minnesota.
