Know Your Rights: Car Accidents and Personal Injury in Minnesota

If you have been in a car accident or suffered a personal injury in Minnesota, you have legal rights. Minnesota is a no-fault state, which means your own insurance pays for your medical bills and other losses after an accident — no matter who caused it. Here is what you need to know.

Your Rights

1. Your own insurance pays your medical bills after an accident, regardless of fault. Minnesota’s no-fault law requires your auto insurer to pay Personal Injury Protection (PIP) benefits for your medical expenses, lost wages, and other losses. You do not need to prove the other driver was at fault. See Minn. Stat. § 65B.44 .

2. You are entitled to at least $40,000 in PIP benefits. Every Minnesota auto policy must provide at least $20,000 for medical expenses and $20,000 for other benefits (income loss at 85% of gross wages up to $500/week, replacement services up to $200/week, and funeral expenses up to $5,000). See Minn. Stat. § 65B.44 .

3. You can sue for pain and suffering if your injuries are serious enough. You can step outside the no-fault system and sue the at-fault driver if your medical expenses exceed $4,000, or if you suffered a permanent injury, permanent disfigurement, death, or a disability lasting 60 or more days. See Minn. Stat. § 65B.51 .

4. You can recover damages even if you were partly at fault. Minnesota uses modified comparative fault. You can recover as long as your fault was 50% or less. Your recovery is reduced by your percentage of fault. See Minn. Stat. § 604.01 .

5. You have 6 years to file a personal injury lawsuit. The statute of limitations for personal injury claims in Minnesota is 6 years from the date of the injury. See Minn. Stat. § 541.05 .

6. You must stop and exchange information after any accident. Minnesota law requires you to stop at the scene, check for injuries, and exchange contact and insurance information. You must provide insurance information within 72 hours if requested. See Minn. Stat. § 169.09 .

7. You must report accidents involving injury or death to law enforcement. Leaving the scene of an accident involving injury is a misdemeanor. Leaving the scene of an accident involving death is a felony. See Minn. Stat. § 169.09 .

8. The other driver must carry minimum insurance coverage. Minnesota requires at least $30,000/$60,000 in bodily injury liability and $25,000/$50,000 in uninsured/underinsured motorist coverage. If the other driver is uninsured, your own UM coverage protects you. See Minn. Stat. § 65B.49 .

9. You do not have to give a recorded statement to the other driver’s insurance company. You are not required to speak with the other driver’s insurer. Be cautious — their goal is to minimize what they pay.

10. Most personal injury attorneys work on a contingency fee. You pay nothing upfront. The attorney takes a percentage (typically 33%-40%) only if you win or settle. Free consultations are standard.

What to Do After an Accident

• Stop immediately. Check for injuries and call 911 if anyone is hurt.
• Exchange information with the other driver: name, phone, insurance, license plate, driver’s license number.
• Document the scene. Take photos of all vehicles, damage, road conditions, and your injuries.
• See a doctor as soon as possible, even if you feel fine. Some injuries show up later. Medical records connect your injuries to the accident.
• Report the accident to your own insurance company. PIP benefits come from your own policy.
• Keep all records. Save medical bills, receipts, pay stubs for missed work, and notes about how the injury affects your daily life.
• Do not admit fault at the scene or to any insurance company.
• Do not sign anything from the other driver’s insurer without understanding your rights.
• Contact a lawyer if you have serious injuries. Consultations are usually free.

Important Deadlines

Deadline	What It Means
Immediately	Stop at the scene, check for injuries, report to law enforcement if injury or death
72 hours	Provide insurance information to the other driver if requested
Promptly	Report the accident to your own insurer to start PIP benefits
6 years	Statute of limitations for personal injury lawsuit ( Minn. Stat. § 541.05 )
3 years	Statute of limitations for wrongful death claims ( Minn. Stat. § 573.02 )

Get Help

• Minnesota State Bar Association Lawyer Referral: Call 612-752-6699
• 211 (United Way): Dial 2-1-1 for general assistance and referrals

For more detail: See our full guide on personal injury and car accidents:

Personal Injury and Car Accidents in Minnesota

A plain-language guide to personal injury and car accident claims in Minnesota. Learn about no-fault insurance, PIP benefits, when you can sue, comparative fault, and what to do after an accident.

Small Claims Court (Conciliation Court) in Minnesota

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.