Personal Injury and Car Accidents in Minnesota
Overview
Minnesota is a no-fault auto insurance state. This means that after a car accident, your own insurance company pays for your medical bills and certain other losses — regardless of who caused the crash. You do not need to prove the other driver was at fault to receive these benefits. They are called Personal Injury Protection (PIP) benefits.
However, no-fault does not mean you can never sue. If your injuries are serious enough, Minnesota law allows you to step outside the no-fault system and file a lawsuit against the person who caused the accident. This guide explains how the system works, what benefits you are entitled to, when you can sue, and what to do after an accident.
Who this guide is for: Anyone who has been injured in a car accident in Minnesota, or who wants to understand how personal injury and auto insurance claims work in this state.
- Your own insurance pays your medical bills and lost wages after a car accident, regardless of who was at fault. These are PIP benefits under Minnesota’s no-fault law.
- You are entitled to at least $20,000 in medical expense coverage and $20,000 in other benefits (income loss, replacement services) through PIP.
- You can sue the other driver for pain and suffering if your medical expenses exceed $4,000 or you suffered a permanent injury, disfigurement, or disability lasting 60 or more days.
- Minnesota follows a modified comparative fault rule. You can recover damages as long as you were 50% or less at fault.
- You have 6 years to file a personal injury lawsuit in Minnesota.
- The other driver must carry at least $30,000 per person / $60,000 per accident in bodily injury liability coverage.
- If the other driver has no insurance or not enough insurance, your own uninsured/underinsured motorist (UM/UIM) coverage protects you.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Minnesota’s No-Fault Insurance System
Minnesota’s no-fault auto insurance law is found in Chapter 65B of the Minnesota Statutes. The key idea is simple: after a car accident, each driver turns to their own insurance company for benefits, no matter who caused the crash. This avoids the delay and expense of having to prove fault before receiving help with medical bills.
What PIP Benefits Cover
Every Minnesota auto insurance policy must include Personal Injury Protection (PIP) benefits. Under Minn. Stat. § 65B.44 , the minimum PIP coverage is $40,000 per person, split into two categories:
| Benefit | Coverage | Details |
|---|---|---|
| Medical expenses | Up to $20,000 | All reasonable and necessary medical expenses related to the accident. There are no managed care restrictions on PIP medical benefits. |
| Income loss | Part of the $20,000 “other” benefits | 85% of your lost gross income, up to a maximum of $500 per week. |
| Replacement services | Part of the $20,000 “other” benefits | Up to $200 per week for household services you cannot perform because of your injuries (such as cleaning, childcare, or yard work). There is a 7-day waiting period before these benefits begin. |
| Funeral expenses | Part of the $20,000 “other” benefits | Up to $5,000. |
How to Get PIP Benefits
You file a PIP claim with your own auto insurance company — not the other driver’s insurer. This is true even if the other driver was 100% at fault. Key points:
- Report the accident to your insurer promptly. Most policies require you to notify your insurer within a reasonable time.
- Seek medical treatment. Getting medical care creates the documentation you need for your PIP claim.
- Keep all records. Save all medical bills, receipts, pay stubs showing lost wages, and any records of household services you needed help with.
- Your insurer must pay reasonable claims. If your insurer denies or delays your PIP claim without a valid reason, you may have a right to additional remedies.
Who Is Covered by PIP?
PIP benefits cover more than just the driver. Under Minnesota law, the following people are covered:
- The named insured (the person whose name is on the policy) and their family members living in the same household
- Passengers in the insured vehicle
- Pedestrians hit by the insured vehicle
If you are in an accident and do not have your own auto insurance, you may still be covered under the policy of the vehicle you were in, or in some cases under a family member’s policy.
When Can You Sue? The $4,000 Tort Threshold
Minnesota’s no-fault system covers your economic losses (medical bills, lost wages). But what about pain and suffering — the physical pain, emotional distress, and reduced quality of life caused by your injuries? To make a claim for pain and suffering, you must meet at least one of the conditions set out in Minn. Stat. § 65B.51 .
You Can Sue for Pain and Suffering If:
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Your medical expenses exceed $4,000. This is the most common way people meet the threshold. The $4,000 refers to reasonable medical expenses for treatment of injuries caused by the accident.
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You suffered a permanent injury. Any injury that is permanent in nature qualifies, regardless of cost.
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You suffered permanent disfigurement. Scarring or other permanent changes to your appearance qualify.
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You suffered a disability lasting 60 or more days. If your injuries kept you from performing your normal daily activities for at least 60 days, you can sue.
-
Someone died. Wrongful death claims are not subject to the tort threshold.
Even if you meet the tort threshold and sue the other driver, your PIP benefits will be deducted from your total recovery. This prevents double recovery — you cannot collect the same medical expenses twice. This rule is set out in
.
Economic Losses Beyond PIP
You do not need to meet the tort threshold to recover economic losses that exceed your PIP coverage. If your medical bills go over your $20,000 PIP medical limit, or your lost wages exceed the PIP income loss cap, you can pursue those excess economic damages from the at-fault driver without meeting the $4,000 threshold.
What If Both Drivers Were at Fault?
In many accidents, more than one driver shares some responsibility. Minnesota uses a modified comparative fault system under Minn. Stat. § 604.01 . Here is how it works:
The 50% Bar Rule
You can recover damages from the other driver only if your percentage of fault is 50% or less. If you are found to be 51% or more at fault, you recover nothing.
If you are 50% or less at fault, your damages are reduced by your percentage of fault. For example:
- Your total damages are $100,000
- You are found to be 20% at fault
- You recover $80,000 ($100,000 minus 20%)
How Fault Is Determined
Fault is decided based on the evidence. In a lawsuit, a jury determines each party’s percentage of fault. In a settlement negotiation, the insurance companies evaluate fault based on the police report, witness statements, photos, and other evidence.
Minnesota has abolished the last clear chance doctrine under
. This means that even if the other driver had the “last clear chance” to avoid the accident, this does not automatically shift all fault to them. Instead, fault is divided based on each party’s overall conduct.
Multiple At-Fault Parties
If more than two people share fault (for example, a multi-car accident), each at-fault party is responsible for their own share. Minnesota’s comparative fault rules apply to all parties, and the court or jury assigns a percentage of fault to each one.
What to Do After a Car Accident
The steps you take immediately after an accident can protect your health, your legal rights, and your insurance claim. Follow these steps in order.
Step 1: Stop and Check for Injuries
Minnesota law requires you to stop at the scene of any accident. Under Minn. Stat. § 169.09 , you must stop, investigate what happened, and check whether anyone is injured.
Leaving the scene of an accident involving injury is a misdemeanor. Leaving the scene of an accident involving death is a felony.
Move your vehicle out of traffic if it is safe to do so, but do not leave the area.
Step 2: Call 911 If Anyone Is Injured
If anyone is injured or you are unsure of the extent of injuries, call 911 immediately. Request an ambulance if needed.
Under Minn. Stat. § 169.09 , you must report the accident to law enforcement if there is any injury or death. Even if injuries seem minor, calling 911 creates an official record that helps with your insurance claim.
Step 3: Exchange Information
Exchange the following information with every other driver involved:
- Full name and contact information
- Driver’s license number
- Insurance company name and policy number
- License plate number
- Vehicle make, model, and year
If there are witnesses, ask for their names and phone numbers. Witness statements can be very important if there is a dispute about what happened.
Step 4: Provide Insurance Information
Under Minn. Stat. § 169.09 , you must provide your insurance information to the other driver within 72 hours if they request it. It is best to exchange this information at the scene.
Step 5: Document the Scene
Use your phone to take photos and video of:
- All vehicles involved, from multiple angles
- Damage to each vehicle
- The overall accident scene (road conditions, traffic signs, skid marks)
- Your injuries (bruises, cuts, swelling)
- Weather and lighting conditions
Write down what happened while it is still fresh in your mind. Include the date, time, location, direction of travel, and what you saw.
Step 6: Seek Medical Treatment
See a doctor as soon as possible, even if you feel fine. Some injuries — especially soft tissue injuries, concussions, and internal injuries — may not show symptoms immediately.
Getting medical treatment promptly also serves two important purposes:
- It documents your injuries. Medical records connect your injuries to the accident, which is critical for your PIP claim and any potential lawsuit.
- It triggers PIP benefits. Your PIP coverage pays for reasonable and necessary medical treatment related to the accident.
Step 7: Notify Your Own Insurance Company
Report the accident to your own auto insurance company. Remember, PIP benefits come from your own policy regardless of who was at fault. Your insurer needs to know about the accident so you can start receiving benefits.
When you call:
- Give a factual account of what happened
- Do not speculate about fault or the extent of your injuries
- Ask about your PIP coverage limits
- Ask what documentation they need from you
Step 8: Be Careful with the Other Driver's Insurance Company
The other driver’s insurance company may contact you. Before speaking with them:
- You are not required to give a recorded statement to the other driver’s insurer
- Do not sign any documents or accept any settlement offers without understanding your full rights
- Do not apologize or admit fault — even a casual “I’m sorry” can be used against you later
- Be polite but brief. Stick to basic facts.
Step 9: Understand the $4,000 Threshold
As your medical treatment continues, keep track of your total medical expenses. If they exceed $4,000, you may be able to pursue a claim for pain and suffering against the at-fault driver under Minn. Stat. § 65B.51 .
Even if your bills are under $4,000, remember that you may still qualify to sue if you suffered a permanent injury, permanent disfigurement, or disability lasting 60 or more days.
Step 10: Consult a Lawyer If You Have Serious Injuries
If your injuries are significant — broken bones, surgery, long-term pain, inability to work — talk to a personal injury attorney. Most personal injury attorneys offer free initial consultations and work on a contingency fee basis, meaning you do not pay unless you receive a settlement or judgment.
An attorney can help you:
- Evaluate whether your claim meets the tort threshold
- Calculate the full value of your claim (medical bills, lost wages, pain and suffering, future damages)
- Handle negotiations with insurance companies
- File a lawsuit if a fair settlement cannot be reached
Required Insurance Coverage in Minnesota
Minnesota law requires all drivers to carry minimum insurance coverage. Under Minn. Stat. § 65B.49 , the minimums are:
| Coverage Type | Minimum Amount |
|---|---|
| Bodily injury liability | $30,000 per person / $60,000 per accident |
| Property damage liability | $10,000 per accident |
| Uninsured/underinsured motorist (UM/UIM) | $25,000 per person / $50,000 per accident |
| Personal Injury Protection (PIP) | $40,000 per person ($20,000 medical + $20,000 other) |
Uninsured/underinsured motorist coverage is particularly important. If the at-fault driver has no insurance or not enough insurance to cover your damages, your own UM/UIM coverage steps in to fill the gap.
Key Deadlines
| Deadline | Details | Statute |
|---|---|---|
| 6 years | Statute of limitations for personal injury claims | Minn. Stat. § 541.05 |
| 3 years | Statute of limitations for wrongful death claims | Minn. Stat. § 573.02 |
| 72 hours | Time to provide insurance information to the other driver if requested | Minn. Stat. § 169.09 |
| Promptly | Report the accident to your own insurer to preserve PIP benefits | Policy terms |
| Immediately | Report to law enforcement if there is any injury or death | Minn. Stat. § 169.09 |
Costs and Fees
| Item | Typical Cost |
|---|---|
| PIP claim | No cost to you — these are benefits under your own policy |
| Personal injury attorney (contingency fee) | Attorney takes 33% to 40% of your recovery. You pay nothing upfront. If you do not recover anything, you owe no attorney fee. |
| Court filing fee | $310-$365 for district court (varies by case type) |
| Medical record and report fees | $50-$500+ depending on providers |
| Expert witness fees | $1,000-$10,000+ (if your case requires experts) |
| Initial consultation | Free at most personal injury firms |
When to Get a Lawyer
Not every car accident requires a lawyer. But you should strongly consider legal help if:
- You suffered serious injuries (broken bones, surgery, traumatic brain injury, spinal injury, permanent disfigurement)
- Your medical bills exceed the $4,000 tort threshold and you want to pursue pain and suffering damages
- You have long-term or permanent injuries that will affect your ability to work or live normally
- You are unable to work for an extended period due to your injuries
- The insurance company is denying, delaying, or undervaluing your claim
- Fault is disputed and the other driver’s insurer is blaming you for the accident
- The accident involved a commercial vehicle, government vehicle, or uninsured driver
- Someone died in the accident (wrongful death claim)
- You are unsure whether you are getting fair value for your PIP benefits
Free legal help is available for Minnesotans who cannot afford an attorney. See “Where to Get Help” below.
Related Guides
A step-by-step guide to filing and defending a case in Minnesota small claims court (conciliation court). Learn the process, costs, limits, and what to expect. A plain-language guide to workers' compensation in Minnesota, including how to report an injury, file a claim, and understand your benefits. A plain-language guide to understanding your rights when you are sued for a debt in Minnesota, including common defenses and the court process.Small Claims Court (Conciliation Court) in Minnesota
Workers' Compensation in Minnesota
Defending Against Debt Collection Lawsuits in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
- Minnesota State Bar Association Lawyer Referral: Call 612-752-6699 for a referral to a personal injury attorney.
- Minnesota Department of Commerce: File complaints about insurance companies at mn.gov/commerce.
- 211 (United Way): Dial 2-1-1 for general assistance and referrals.
Frequently Asked Questions
Do I need to prove the other driver was at fault to get my medical bills paid? No. Minnesota is a no-fault state. Your own auto insurance pays your medical bills through PIP benefits regardless of who caused the accident. You file a PIP claim with your own insurer under Minn. Stat. § 65B.44 .
What if the other driver does not have insurance? Your own uninsured motorist (UM) coverage protects you. Minnesota requires all policies to include UM/UIM coverage of at least $25,000 per person / $50,000 per accident under Minn. Stat. § 65B.49 . File a UM claim with your own insurer.
Can I sue the other driver after a car accident in Minnesota? Yes, but only if you meet the tort threshold under Minn. Stat. § 65B.51 . Your medical expenses must exceed $4,000, or you must have suffered a permanent injury, permanent disfigurement, death, or disability lasting 60 or more days.
What if I was partly at fault for the accident? Minnesota uses modified comparative fault under Minn. Stat. § 604.01 . You can still recover damages as long as you were 50% or less at fault, but your recovery is reduced by your percentage of fault. If you were more than 50% at fault, you recover nothing.
How long do I have to file a lawsuit? You have 6 years from the date of the accident to file a personal injury lawsuit under Minn. Stat. § 541.05 . Wrongful death claims must be filed within 3 years under Minn. Stat. § 573.02 . Do not wait until the last minute — acting sooner gives you a stronger case.
What is PIP and how much coverage do I have? PIP stands for Personal Injury Protection. It is part of your auto insurance policy. The minimum PIP coverage in Minnesota is $40,000 per person — $20,000 for medical expenses and $20,000 for other benefits including income loss, replacement services, and funeral expenses. Many drivers carry higher limits.
Will my insurance rates go up if I file a PIP claim? PIP claims are no-fault benefits — they are not based on who caused the accident. However, insurance companies set rates based on many factors, and filing any claim could potentially affect your premiums. Check with your insurer about their specific policies.
What is a contingency fee? A contingency fee means the attorney only gets paid if you win or settle your case. The fee is a percentage of your recovery (typically 33% to 40%). If you do not receive any money, you owe no attorney fee. This makes it possible to hire a lawyer even if you cannot afford to pay upfront.