Case Type

In a car accident there are three types of claims.  Property damage, no-fault/PIP benefits and bodily injury.  

 

Property damage:

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The at-fault driver is responsible to pay for the reasonable cost of the repair of your vehicle.  You have the right to pick the garage that does the repairs.  If your car is "totaled" the at-fault driver must pay the "reasonable value" of the vehicle. "Totaled" means the cost of the repair exceeds the value of the vehicle once repaired.  The "reasonable value" of the vehicle is derived at comparing the price of similar make, model and year vehicles, with similar mileage, selling in your area.  There is no set value to a used vehicle and there is no chart or book we use.   It is an average.  

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When assessing how much of your damages you can recover, the rules of "comparative fault" apply.  Under comparative fault both parties can be assigned fault for the accident.  You must be "not greater than" at fault compared to the ofter driver to make any recovery and your recovery will be reduced by your percentage of fault.  This means if the other driver is 75% at fault and you are 25% at fault, you can recover only 75% of your damages. 

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Second, if you have comprehensive and collision insurance coverage, sometimes called "full"coverage, your own insurance company will pay for your property damage, minus your deductible.  Your insurance company will then go after the at-fault driver to recovery what they paid out.  They are required to also recover your deductible. 

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The at-fault driver is responsible for the cost of a rental car and the cost of towing your vehicle.  

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No-fault/PIP benefits.

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If you are injured in the car accident your car insurance will offer personal injury protection (PIP) benefits. These benefits are generally paid by your own car insurance regardless of who is at-fault for the accident.   Every policy of car insurance issued in Minnesota must include: 

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1. $20,000.00 in medical expense coverage.  The car insurance will pay reasonable and necessary medical expenses related to the car accident.  

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2. $20,000.00 in wage loss coverage.  The car insurance will pay loss of wages if your doctor indicates you can not work because of your car accident injuries.  The car insurance will pay 85% of your average weekly wage up to $500.00 per week.

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3. Mileage to and from covered medical treatment.  

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4. Replacement services.  The car insurance will pay for the reasonable value of having someone else preform your         regular household chores if your doctor indicates you can not perform them because of your car accident injuries.  The car insurance will pay up to $200.00 per week.  

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5. Retraining.  The car insurance may pay for the cost of vocational retraining if your medical doctor indicates you can no  longer conduct your present profession because of your car accident injuries.

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6.  Other miscellaneous benefits. 

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Bodily Injury.

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If you are injured by the fault of someone else, you maybe entitled to additional compensation.  This claim is generally referred to as "pain and suffering."  Under Minnesota law it is not automatic that you qualify for this claim just for being injured.  To qualify you must prove one of the following "tort thresholds."

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1.  $4,000.00 in medical treatment bills;

2. 60 days disability;

3. "Permanent" injury;

4. "Permanent" disfigurement;

5. Death.

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Each criteria has very specific legal definitions and are not based on plan language.  For example, not all of your medical bills count toward the $4,000.00 requirement in number one.  An experienced injury attorney can help determine if you quality.

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Comparative fault does apply to bodily injury claims.  See above explanation.

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Once you qualify for a bodily injury claim, the value of this claim is based upon the total affect of the accident on your life.  The main factors are the type of injury, the type of medical care needed to recover, the affect of the injury on your job and daily activities, and any long term affects.  There is no formula or chart.  Each case is unique becasue each person is unique.  An experienced injury attorney has the ability to fully evaluate your specific case based upon years of experience.  If you wish to pursue a bodily injury claim please call for a free legal consultation.   

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