Know Your Rights
SEELEY LEGAL SERVICES P.A., 3416 University Ave SE, Suite 200, Minneapolis, MN 55414 (612) 379-2440 seeleylegal@hotmail.com

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Know Your Auto Insurance Rights

If you have been injured in an automobile accident it is important for you to know the answers to following two questions:  

1.         Who pays for my medical expenses and economic losses?  

  • Under Minnesota law, your auto insurance must pay for your medical expenses and economic losses, no matter who was at fault for the accident. Therefore, if you are in an accident with another car, your insurance company, not the other car’s insurance, will be required to pay for your medical and economic losses.
  • If you were the driver or a passenger of another person’s vehicle at the time of the accident, your auto insurance still must pay for your medical and economic losses. (If you are living with a family member who has auto insurance, you will be covered under their policy.)
  • If you were the driver or a passenger of another person’s vehicle at the time of the accident, and you do not have auto insurance, then the insurance for the vehicle you were in must pay for your medical and economic losses.
  • If you were not in a vehicle (i.e. a pedestrian) when you were injured by a vehicle, your auto insurance must pay for your medical and economic losses.
  • If you were pedestrian when you were injured by a vehicle, but you do not have auto insurance, then the insurance company for the vehicle that hit you must pay for your medical and economic losses.
  • If you are not covered under any of the above scenarios, you still may be eligible for medical and economic loss protection through Minnesota ’s assigned claims plan.
  • Every auto insurance policy in Minnesota is required to provide at least $20,000.00 in coverage for medical expenses and another $20,000.00 for economic losses, such as income loss and the cost of replacement services.

2.         How Can I Get Compensated for My Pain and Suffering?

  • If  the accident was another person’s fault, then you can get compensated for your pain and suffering from the other person’s insurance company if you suffered any one of the following:

a.                   Medical expenses in excess of $4,000.00;

b.                  A permanent injury;

c.                   A disability for sixty days or more;

d.                  Permanent disfigurement; or

e.                   Death.

  • If the vehicle that hit you was not insured, then your own auto insurance must compensate you for your pain and suffering.
  • If you were a passenger in a vehicle that was involved in an accident, then you can get compensated for your pain and suffering from either the insurance company covering the vehicle you were in, or the insurance company covering the other vehicle, depending on which driver was at fault for the accident.
  • Every auto insurance policy in Minnesota is required to provide at least $30,000.00 in liability coverage per person, subject to a $60,000.00 per accident limitation, with $10,000.00 in property coverage per accident; and underinsured and uninsured motorist insurance coverage in the amount of $25,000.00 bodily injury coverage per person, subject to a $50,000.00 per accident limitation.

 


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