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.
Whiplash is an acceleration-deceleration neck injury most frequently incurred in a motor vehicle accident. It involves soft tissue injury and sometimes bone structure damage. The soft tissue includes ligaments, tendons, muscles, and nerves. Soft tissue injuries are seldom revealed through x-rays. An MRI is more effective for diagnosing these injuries and any instability in the neck and spine; but due to the expense, an MRI may not be requested by your doctor or authorized by your insurance company.
If your car was hit by a semi truck, you may be in for the fight of your life. In a semi accident, there can be many levels of negligence, liability, and responsibility — many levels of fault. The following parties may be involved in the transporting of goods by one semi truck; therefore, potentially liable for your injuries:
It does not take much to cause a brain injury. Traumatic brain injuries can occur in relatively minor accidents — a collision involving speeds of only 15 miles per hour can exert forces 10 times that of gravity on the skull and brain.
Wednesday, Toyota Motor Corporation reported it will replace accelerator pedals on about 4 million recalled vehicles in the U. S. because of the recurrance of the gas pedal getting stuck in the floor mat. Toyota will instruct dealers on how to do the modification to the pedals before the end of the year, enabling dealers to offer the remedy beginning in January. This is a temporary fix while the company develops replacement pedals for their vehicles.
Each year there are tens of thousands of burn injuries that happen in car accidents. Burns can be the result of direct contact with fire or a chemical or thermal burn from the airbag explosion.
If you have been in a car accident, you need to report the accident immediately to police and your insurance company and then contact a personal injury lawyer. You need an attorney with the ability to fight back against the insurance companies.
Herniated disc injuries often occur in car accidents, but they are rarely diagnosed in the emergency room because they do not show up on x-rays. A disc can push out into the spinal canal and press against spinal nerves. When this happens it can produce severe neck, arm, back, leg, and / or foot pain. If you have had a car accident and are experiencing sharp pain in your neck, arm, back, leg, or foot, you should see a doctor immediately.
In Minnesota, all drivers are required to maintain a minimum level of liability insurance in order to operate a vehicle. Liability coverage is to cover costs if you are responsible for the accident. The minimum amount by law is 30/60. That means the maximum the insurance company will cover will be $30,000 per person with a max of $60,000 per accident / incident.
It is indisputable that cell phones, PDAs, and iPods have led to distracted drivers on the road nationwide. There have been many serious accidents caused by drivers who were driving while texting (DWT):