Minnesota Car Accident: What Does Fault Have to Do with It?
December 5, 2009 | Author: TSR Injury Law
No fault insurance coverage pays for medical bills (up to the limits provided), replacement services, lost wages, retraining, and funeral expenses. You are covered whether you were at fault or not. You are covered by your no fault coverage no matter whose car you were in at the time you were hurt. The state of Minnesota enacted the no fault insurance to speed up the payment process. The court does not have to determine fault before the out-of-pocket expenses are paid by the insurance company. Sometimes it works.
If you want to make a claim for pain and suffering or disability, against the person who caused the accident, you will have to prove the other person’s fault was greater than your own. In many cases, that is not difficult — like most rear-end collisions. But in some cases, it is your word against their word about how the accident happened. In those cases, the judge or jury has to decide the degree of fault for each of the involved parties.
In every accident, the law says the fault of the involved parties has to add up to 100%. In a jury trial, the jury will determine the percentage of fault. Here is how it plays out:
The jury awards you $500,000 for an injury that left you with a limp. It was determined that you were without fault. You will receive $500,000.
A jury awards you $200,000 for your injuries, lost wages, and pain and suffering. Then the jury determines that you were 20% at fault. The amount of your settlement is reduced by 20%, making the total you actually receive $160,000.
If the jury determines your percentage of fault to exceed 50%, no matter how badly you were hurt, you receive nothing.
Nearly half of the time, legitimate requests for payment are denied by the insurance company. There are other instances where the injured person is not aware of the extent of coverage available; they do not request payment and the insurance company will not usually volunteer to pay.
The bottom line is that in any car accident with injuries, it is wise to contact a personal injury attorney to ensure that your rights are protected, that you receive the compensation you need and deserve, and to ensure that all available insurance will be accessed. Our attorneys have successfully represented and fought for clients in hundreds of car accident injury cases, resulting in many large settlements and verdicts. Contact one of our Minnesota Car Accident Attorneys at 612-362-0000.
Tags: Minnesota Car Accident, Minnesota Car Accident Attorney, Minnesota Car Accident Lawyer, Minnesota Car Collision, Minnesota Insurance Issues