Injured in a Car Accident? We Can Help!
When you are seriously injured in a car accident in Rochester, things can become complicated in a hurry. Your Personal Injury Protection(PIP) coverage will pay for medical bills and lost wages when you or your passengers are injured. PIP is optional in most states. However, Personal Injury Protection (PIP) is required in some states. Minnesota is one of the states that require motorists to carry a minimum amount of PIP coverage.
Minnesota is also one of 12 states that uses a no-fault insurance system. PIP can also extend to instances when you are the passenger in someone else’s car or if you are hit while walking or cycling. According to the Minnesota Department of Commerce, the no-fault system was designed to limit the amount of burdens the courts will take on to ensure that anyone who is a victim of an accident will receive fair payment for any damages. The no-fault system will hold everyone accountable for their own actions, and not for the actions of others.
Why Might A Driver Be Uninsured?
Despite Minnesota being one of the states that require a driver to have Personal Injury Protection insurance, there will always be drivers on the road who will not have insurance or will be underinsured. There are many reasons why a driver will not have insurance, including the following:
- A driver may be in Minnesota on vacation and failed to insure the rented vehicle
- A driver was or was not aware there was a lapse in coverage in the insurance policy
- A driver is operating a vehicle without a license and cannot obtain insurance
- A driver made the decision to not purchase insurance coverage
If you were involved in a hit-and-run accident by a driver who did not have insurance, a police officer will conduct the proper investigation in order to obtain any leads to find the driver who caused the accident. Police officers will interview witnesses to understand what caused the accident and who caused the accident.
Unfortunately, hit-and-run-accidents investigation do not always lead to positive results. However, there will be some cases when a driver will know who caused the accident. If the other driver who caused the accident did not have insurance, you will have another problem to add to your troubles. If you were involved in a hit-and-run accident by a driver who did not have insurance, you can still pursue a claim against your insurance company or against the uninsured motorist (UM) benefits.
Many insurance companies will deny a claim for UM benefits, but you can still fight for your legal rights by using the services of an experienced legal team.
Were You Hit By an Uninsured Motorist?
Being involved in an accident is already a stressful and frightening situation, but things can become considerably worse when you find out the driver who hit you does not have insurance. Unfortunately, many people are unaware of what they should do when they are hit by an uninsured motorist. According to the law in Minnesota, insurers are required to reimburse drivers for injuries and medical expenses regardless of what or who caused the accident.
If you are in an accident with a driver who does not have insurance, there may still be options—-as long as you have acceptable Minnesota insurance coverage. Your Minnesota insurance coverage will allow you to use your uninsured or underinsured motorist coverage as long as you can prove that the other party was responsible for the accident. The no-fault coverage in Minnesota will also provide protection by paying your medical expenses. If you discover that the other driver is one of the many uninsured motorists on the road, it is time to consult with a Minnesota lawyer who specializes in uninsured motorists claims.
Uninsured Motorists Claims
Having uninsured motorist coverage will not mean there will not be any conversations and negotiations with your insurance company. Uninsured motorist claims are often challenging to resolve without the proper assistance. In filing an Uninsured Motorist claim, you will make a liability claim against your insurance provider.
During this process, you may feel as if you and your insurance provider are opponents. It is important that you take the same steps you would take if you were filing a personal injury claim instead of an Uninsured Motorist claim, such as the following:
- Be prepared to answer questions and respond to requests when they are made
- Prove you were not responsible for the accident
- Prove your injuries
- Document expenses and lost wages
- Keep track of your medical expenses
Liability Remains A Major Issue
Whenever there are concerns or confusion about who was responsible for the accident, this can significantly complicate your Uninsured Motorists claim. Even if you had more than minor injuries, your insurance coverage provider will not have to pay you more than your Personal Injury Protection(PIP) coverage benefits if the other driver was not proven to be liable for the accident.
If you have ever been involved in an accident in the past, you understand that liability is not as clear as you would like it to be. The law in Minnesota recognizes that one driver will not always be fully responsible for an accident. Minnesota cuts off the fault percentage at 50 percent. If it is determined that you were 51 percent or more responsible for the cause of the accident, you will not be able to recover damages for the remaining percentage.
Insurance is designed to provide compensation when you are injured in an accident. If the driver does not have insurance coverage, this does not mean you cannot file a claim. We encourage you to check your own insurance policy and look for the information that mentions uninsured motorists. We know how complex insurance claims can be.
Insurance companies will attempt to put you through an obstacle course in order to avoid paying the money they owe to victims. If you believe you have not received the money you are entitled to, contact Patterson Dahlberg Injury Lawyers for a free consultation. Our law team can evaluate your policy and guide you on the next steps to take.