The Minnesota Car Accident Lawyers at TSR Injury Law represent people who have been injured due to the negligence of another person, business, or manufacturer. To discuss whether pursuing a car accident lawsuit is right for you, contact Steve Terry, Chuck Slane, or Rich Ruohonen at 612-362-0000. To learn more about personal injury law, please review the FAQs below.
- I just had an accident, what do I do?
- After an accident, who may I safely talk to and what should I say?
- Who pays for the damage to my car?
- Can I rent a car while my car is being repaired?
- What happens if I disagree with the insurance company’s value estimate of my car?
- What are my rights if the accident was my fault?
- What are my rights if the accident was not my fault?
- How does no fault insurance work?
- What do I do if my no fault insurance company refuses to pay all of my legitimate car accident bills?
- Will my insurance rates increase if I file a claim?
- If I make a claim and obtain money, is it taxable?
- Am I allowed to make a claim against the person who caused my accident — does fault affect that?
- What if the insurance company wants me to be examined by their doctor?
- Do I need a lawyer to obtain fair and just compensation?
- What is my car accident claim worth?
- If I decide to hire a lawyer and file a claim, what kind of lawyer should I get?
- What fees and charges are involved in hiring a personal injury lawyer?
- If I file a claim, will I have to go to trial?
- How long will it take to complete my case?
- Once settled, can I go back for more if my injuries get worse or more treatments are needed?
- Do I have any control about how my case is handled?
- If I make a claim, does it have any impact on the person who caused the car accident?
- What if the person who caused the car accident does not have insurance or insufficient coverage?
- I have never sued before and I don’t want to take advantage of anyone, should I still pursue a claim?
I just had an accident, what do I do?
Stay calm, turn off the car, and call 911. If you are in a high traffic area, stay in the car with your seat belt on; it is safer. Once you are in a safe place, exchange information. Get the driver’s:
- name
- address
- telephone / cellphone number
- driver’s license number
- insurance company name, agent name, address, phone number
Record the make, model, license plate number of the vehicles involved. Also get names and addresses of any eye witnesses and the name and badge number of the attending police officer.
When asked by the police about the accident, respond truthfully. Do not offer more information than required. Do not discuss the accident with anyone else.
If you have been injured, go to the emergency room or see your physician.
Report the accident to your insurance agent immediately. Just report the accident. Do not discuss fault with your insurance agent. Do not discuss any aspect of the accident or subsequent injuries with the other person’s insurance company representative. No matter what they say, you are not obligated to be interviewed.
Contact an experienced Minnesota Car Accident Lawyer to ensure your rights are protected.
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After an accident, who may I safely talk to and what should I say?
Do not discuss any aspect of the accident or subsequent injuries with the other person’s insurance company representative or adjuster. No matter what they say, you are not obligated to answer their questions.
Their job is to obtain as much information as possible about your accident and injuries — to use against you if possible. They will delay or deny any claims they can.
You may talk to a representative from your insurance company. Most policies require you to cooperate with your insurance company. But, the insurance company is a business and will be looking out for its own interests before yours. That is why it is a good idea to talk to an experienced car accident lawyer before you talk to any insurance company.
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Who pays for the damage to my car?
If you have comprehensive coverage (it is not required) on your insurance policy, you collect from your own insurance company. You are entitled to collect the amount of the repairs or the value of the car, which ever is less, and minus your deductible.
If the accident was not your fault, you may be able to collect for damages from the other person’s insurance company. In that case, you would recover the full value of the car — the amount you receive would not be reduced by the amount of the deductible.
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Can I rent a car while my car is being repaired?
If you have coverage for rental vehicles on your policy or if the other person’s insurance company agrees to pay for it, you can be reimbursed for a rental. In cases where the accident was not your fault, the insurance company usually agrees to pay for a rental.
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What happens if I disagree with the insurance company’s value estimate of my car?
You do not have to accept the insurance company’s offer if you think it is low. Get a few estimates on similarly equipped, local models and if those estimates reflect a higher value than offered, let the insurance company know. If the insurance company still will not offer what your car was worth, call a lawyer.
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What are my rights, if the accident was my fault?
If you are found to be more than 50% at fault for the accident, you will not be able to make a claim for pain and suffering, disability, etc. You will be able to receive your no fault benefits. If you have comprehensive insurance, your property damage should be covered, too.
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What are my rights, if the accident was not my fault?
You have the right to have your medical bills and lost wages reimbursed from no fault coverage.
You have the right to make a claim against the driver who caused the accident for pain, suffering, disability, disfigurement, emotional distress, loss of earning capacity, monetary damages, and other losses you may have sustained due to the car accident. The claim for these losses is paid by the at fault person’s insurance company.
You have the right to have your car fixed or replaced, depending on the extent of the damage. This is a property damage claim. It is made against the comprehensive coverage of your insurance policy. If you do not have comprehensive coverage, you can collect the damages from the at-fault person’s insurance company.
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How does no fault insurance work?
In Minnesota, every car garaged is required to have liability and no fault insurance. If you own an insured vehicle, you are covered. Another way to have coverage is if you live with a relative who owns a covered vehicle; you are covered by that policy.
No fault pays for medical bills (up to $20,000/person) and wage loss (up to $250/wk, $20,000 limit/person). No fault also covers replacement services, job retraining, funeral expenses, and other miscellaneous items.
Your no fault coverage follows you no matter whose car you were in at the time you were injured. So, if you were riding in a friend’s car and sustained injuries in a car accident; your car insurance would pay your medical bills and lost wages even though you were in a friend’s car.
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What do I do if my no fault insurance company refuses to pay all of my legitimate car accident bills?
Sadly, after an accident, many people find out the hard way that their insurance company is not generous. It is a business and they are more concerned about their profits than their clients.
Numerous studies have shown that nearly half of the legitimate claims submitted to insurance companies for payment are denied. In many instances, the injured party is unaware of their right to receive benefits; and needless to say, the insurance company will not inform them of their right to benefits.
If this happens to you, read your insurance policy to determine your coverage. Then call TSR Injury Law, 612-362-0000, for guidance. We can inform you of your rights quickly and at no charge. This will ensure that the insurance company does not take advantage of you.
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Will my insurance rates increase if I file a claim?
If the accident was not your fault, your rates will not increase.
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If I make a claim and obtain money, is it taxable?
Your settlement is not taxable in most cases.
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Am I allowed to make a claim against the person who caused my accident — does fault affect that?
Primarily no fault pays for medical expenses and wage loss. No fault pays regardless of who was at fault. No fault does not cover pain and suffering, disability, or many other types of losses.
If you want to recover for pain and suffering, disability, emotional distress, etc, you have to make a claim for them against the other person’s insurance. In order to file for compensation, you will have to prove the other person’s fault to be greater than your own.
In every accident, the law says the fault of those involved must add up to 100%. A judge or jury determines the percentage of each party’s fault. When compensation is awarded, if you were determined to have any fault, your compensation would be reduced by that percentage. So if you were awarded $100,000 for your injuries, and determined to be 10% at fault; you would receive $90,000.
If you are found to be more than 50% at fault, you will receive nothing. It does not matter how badly you were injured, you still receive nothing.
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What if the insurance company wants me to be examined by their doctor?
This is called an Adverse Exam or an Independent Medical Exam (IME), but it is far from independent. The doctor is selected by the insurance company and paid by the insurance company. The exam is not to help you get better and, in all likelihood, the doctor will disagree with your treating physician.
The law and your insurance policy require you to cooperate with your no fault insurance company. This means they will cut off benefits if you do not go to the exam. If you do go to the exam, the doctor is likely to report what the insurance company wants to hear, resulting in you being cut off from your benefits.
It is at this point that many people retain an experienced Minnesota Car Accident Lawyer. There are steps that can be taken to obtain compensation.
The law requires the exam to be conducted in the city where you reside. The law also requires the insurance company to pay all of your bills until you are notified of the results of the exam. Even if the insurance company cuts off your benefits, as a result of the doctor’s report, the decision can be appealed and the benefits reinstated.
If you are to have an IME / adverse exam, call us right away. We will explain your rights and help you before you lose your benefits.
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Do I need a lawyer to obtain fair and just compensation?
In most cases, you will obtain a better settlement if you have legal representation. Due to the complexities of the legal system and the factors and issues that need to be assessed, it is wise to contact a Minnesota Car Accident Lawyer for guidance.
If you are going up against an insurance company, you can be sure that they have many attorneys working on your case to find any way to deny or delay your claim. They have many resources and extensive experience defending against the little guys.
Another factor to consider is that it takes time to gather all of the necessary information to put together a compelling case. Most people who have suffered injuries in a car accident do not have the time or the energy to devote to the process.
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What is my car accident claim worth?
There are many factors involved in determining the value of a personal injury case. First of all, percentage of fault has to be taken into consideration. Any percentage of fault will reduce your final compensation.
The severity of your injuries is another factor. The doctor will document the extent of your injuries. It is common to wait at least one year to make a final analysis of the medical reports. Another aspect to the severity of the injury is how the injury affects you and how you are able to live your life — whether you are disabled in any way.
Other factors that will be considered include the amount of your medical bills and lost wages, whether you sustained any disfigurement, and whether your future earning capacity is reduced.
Every case is different, with many different variables. If you choose an experienced, skilled, aggressive attorney, your compensation can be maximized.
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If I decide to hire a lawyer and file a claim, what kind of lawyer should I get?
The most important thing to look for is someone with extensive experience. It is best if that experience is in handling cases just like yours. A firm that exclusively handles personal injury cases, like TSR Injury Law, will have the experience your case deserves.
You need to find out who will have direct responsibility for your case, how often you will receive updates on your case, whether you will be able to call your lawyer directly, and how the case will be handled.
It is also important for you to like your attorney. Trust your instincts.
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What fees and charges are involved in hiring a personal injury lawyer?
With a reputable personal injury law firm, you pay no fees upfront, no retainer, no hourly charges. If there is a recovery, the lawyer gets paid from that compensation. The percentage of the recovery is usually one-third. If there is no recovery, you will not be charged any fees.
The costs involved in building your case, such as filing fees or medical record fees, will initially be paid by the law firm and the firm will be reimbursed when the case is settled. At TSR Injury Law, if we do not win — we do not charge you any of the fees.
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If I file a claim, do I have to go to trial?
Most cases settle out of court. As few as 5% of personal injury cases go to trial.
You may go to trial if you choose to reject the insurance company’s offer. In trial, the value of your case would be decided by the jury.
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How long will it take to complete my case?
An average case takes 1-2 years from the date of the accident to resolution. That is just an average. There is no way to predict how long an individual case will take. Most doctors will not give a final report until at least a year after the accident. Without the doctor’s report, it is unwise to begin settlement negotiations.
Once the final reports are obtained and all the other information is compiled to evaluate the case, your lawyer will begin settlement negotiations with the insurance company by preparing a settlement demand letter. This document will state all of the information the insurance company should consider when making their decision whether to settle and what is an equitable offer.
The insurance company will usually make a counter offer. Negotiations will then take place. At any point you can choose to accept their offer, but frequently the parties involved are not able to reach an agreement and the case is put in suit. Cases put into suit still usually settle, but it takes more time. Sometimes the settlement is brokered on the steps of the courthouse the day the trial is to start.
Trial dates are scheduled rather randomly by the court, with no input from the lawyers. The scheduling depends on which county the case is filed in and how many cased have been filed prior to yours.
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Once settled, can I go back for more if my injuries get worse or more treatments are needed?
This question requires a three-fold answer, because you can file a claim against the other person’s insurance, against your no fault policy, and there is the potential for a UIM claim.
Once you settle the case with the other person’s insurance company, you can rarely seek additional compensation. That is why it is critical to have an experienced lawyer representing you, one that knows and understands every angle of your injury and what to expect in the future. As an experienced personal injury law firm, we make sure to seek enough compensation to cover future needs.
The second part of your case is the no fault claim. Even after settling the claim for pain, suffering, and other damages, you still have the right to make claims against your no fault insurance. The no fault medical claim stays open until you use up the $20,000 limit, even if it is years in the future.
The last possibility is a UIM claim. If the liability case was settled the correct way, then you have an additional six years to make a UIM claim against your own insurance carrier.
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Do I have any control about how my case is handled?
Yes. A good lawyer will involve the client in every phase of their case. Ultimately, you
make the final decisions. No settlement or decision to go to court is made without your okay.
You may even decide to drop the case. It is your call. If any lawyer refuses to allow you the final say, get a new lawyer.
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If I make a claim, does it have any impact on the person who caused the car accident?
Most cases are settled with the other person’s insurance company without any financial contribution from the person who caused the accident. A personal injury claim involves only money. It does not include any criminal charges, license revocation, or other criminal penalties.
In a case where the party acted in a manner that showed a blatant disregard for the lives and safety of others, as in a drunk driving accident, punitive damages may be awarded. Punitive damages are to be paid by the other person, not the insurance company. Punitive damages are difficult to collect, especially if the person goes to jail.
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What if the person who caused the car accident does not have insurance or insufficient coverage?
Every insurance policy in Minnesota includes underinsurance (UIM) and uninsured motorist (UM) coverage.
UM coverage pays for damages when the person who caused the accident had no insurance. This is coverage for which you have already paid.
UIM coverage applies when the value of your case exceeds the amount of the other person’s insurance coverage limits. You collect up to their limits, then proceed against your company for the remaining amount. Again, this is coverage for which you have already paid.
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I have never sued before and I don’t want to take advantage of anyone, should I still pursue a claim?
This is an issue every person injured in a car accident has to decide personally. There is no right or wrong answer.
When you are hurt in a crash that was not your fault, you have been robbed of something — your health, wages, ability to do things you enjoy, time with family, and other intangibles. In many cases, your life will never be the same. The money you receive is compensation for your losses. It is not taking advantage of the system.
Our state and federal constitutions make it a fundamental right for citizens to recover their losses. You are entitled to make a claim. Only you can decide if it is right for you and in your best interests.
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Governor Pawlenty signed the Minnesota Good Faith Law on April 18, 2008. It sets guidelines for insurance companies’ standard of conduct when settling no fault (NF), underinsured (UIM), and uninsured (UM) policy claims. These are claims filed against your own insurance company. The new law is fairly straight forward. It requires insurers to have a reasonable cause for denying a claim by its insured. How judges interpret and rule on this law is yet to be seen. The law became effective August 1, 2008 and cases governed by the good faith law are just now making their way to court.
About half of the states in the United States require Uninsured Motorist (UM) coverage. Minnesota is one of those states. UM protects you and covers your losses if you are involved in an accident with a driver that does not have insurance. You make a claim against your insurance.