When you are involved in a motor vehicle accident in Minnesota, questions regarding Minnesota no-fault insurance will arise.
In basic terms, Minnesota no-fault insurance covers medical expenses, transportation expenses, wage loss, and some other expenses stemming from a motor vehicle accident regardless of fault. What this means is that even if you are at fault in a collision, Minnesota no-fault insurance will cover certain costs.
When a motor vehicle collision occurs you will need to know 1) am I covered by Minnesota no-fault insurance?; 2) whose policy am I covered under?; 3) how much coverage do I have?; and, 4) what is covered? This post will cover the first two issues: Are you covered and which policy provides coverage.
Am I Covered By Minnesota No Fault Insurance?
This is a much more complicated question than you would think, and if there is a dispute it is best to contact a Minnesota personal injury attorney. However, the law states that you are covered if your injury arises from the “maintenance or use of a motor vehicle.” This means there must be some relationship between the injury and the use of a vehicle for transportation purposes.
Again, this can get more complicated than a person would think, and in the normal motor vehicle collision there will not be a dispute, but courts have held that Minnesota no-fault insurance coverage can apply in situations that are not a typical motor vehicle collision, such as gunshot cases (example-discharge in the process of entering vehicle); assault cases (example-a man while in a fight was pushed into a passing car, fell, and was run over); slip and fall cases (example-fell on ice while attempting to AVOID an oncoming vehicle); and many other possible situations.
Again if you suffer an injury, have medical bills, and a motor vehicle was involved in any way in the injury, it is important to contact an experienced Minnesota personal injury attorney to see if you may be covered.
Whose Minnesota No-Fault Insurance Policy Am I Covered Under?
There is a basic priority list in Minnesota which will determine which policy you are covered under.
1. If you are inside a motor vehicle while the vehicle is being used in the business of transporting persons or property, Minnesota no-fault insurance benefits will be provided by the insurance company insuring that vehicle.
2. An employee or a resident relative of the employee injured while occupying a vehicle furnished by the employer must go to the insurance on the vehicle for Minnesota no-fault insurance benefits.
3. If you are a pedestrian (or not occupying a vehicle) and #1 and #2 do not apply, and you are injured by a vehicle, Minnesota no-fault insurance benefits would be provided by the insurance on that vehicle. If there is no coverage, the Minnesota no-fault insurance claim would be made to the injured person’s own policy.
4. Generally, number 1, 2, and 3 will not be applicable. In that case coverage goes through the policy under which the injured person is insured. If the injured party is not insured under a policy, the person may seek coverage from the insurance company for the vehicle occupied at the time of the accident. If the injured person has no insurance and was not occupying a vehicle at the time of the accident, the person may seek Minnesota no-fault insurance coverage from any vehicle involved in causing the injury.
5. If none of these situations apply, a person can make a claim under the what’s called the assigned claims plan for Minnesota no-fault insurance benefits.
If you are injured in a motor vehicle accident, it is important to contact a Minnesota personal injury attorney. Issues regarding Minnesota no-fault insurance coverage and many other issues can arise after the motor vehicle accident. Our Minnesota personal injury lawyers will gladly review your case free of charge and get you the Minnesota no-fault insurance benefits you are entitled to.