What Compensation Can I Pursue?
Every person that is involved in a crash and suffers injury, has 3-4 potential claims. Below is a general guideline of those potential claims.
Property Damage: If you were not at fault for the crash, the other driver’s insurance company should pay for the damage to your car, including any deductible. The at-fault driver should pay for damage to your car even if you don’t have insurance. If you have insurance, your insurance company may pay for the damage and then seek payment from the other insurance company. If you were partially at fault, payment for damage will be based on the allocation of fault.
Property damage includes damage to the vehicle, replacement of car seats, (see https://www.nhtsa.gov/car-seats-and-booster-seats/car-seat-use-after-crash
No-Fault Benefits: No matter who caused the accident, you may have No-fault benefits available to you. No-fault benefits pay for medical treatment and wage loss that are reasonable, necessary and related to the car crash. Typically, most people will go to their OWN insurance company for this coverage, as is required by law. If someone is not covered under a policy of their own, they may still be entitled to No-Fault benefits if they are in a vehicle that is insured or if they are living with someone that is insured.
Medical Benefits: $20,000 per person available for treatment including ER, ambulance, chiropractic, therapy, surgery, massage, prescriptions and transportation costs or mileage reimbursement.
Wage Loss, Replacement Services, Death Benefits: $20,000 per person available for:
Wage Loss: 85% of lost wages up to $500 per week. Includes vacation time or sick pay used to attend treatment.
Replacement Services: Up to $200 per week to cover the value of the household tasks that the primary homemaker can no longer do or the replacement cost for the household tasks that the non-primary homemaker incurs. Benefits are not available the first week following the crash.
Death Benefits: Up to $200 per week for lost wages and replacement services. $5,000 for funeral costs.
If you have purchased additional coverage, or elected to STACK your benefits, you may be entitled to additional benefits!
Claim against the at fault driver: If you are injured, you may have a claim for losses not covered by No-Fault benefits. Damages may include:
Past medical expenses;
Past wage loss;
Past pain, suffering, disability, scarring, emotional distress;
Past other loss;
Future medical expenses;
Future wage loss or Loss of earning capacity;
Future pain, suffering, disability, scarring, emotional distress.
In order to recover for these damages, you need to meet at least one of the following thresholds:
Over $4,000 in treatment (does not include diagnostic testing);
Disability for more than 60 days; OR
If the other driver does NOT have insurance, you may be entitled to UNINSURED coverage under the policy of coverage on the vehicle you were in at the time of the crash and/or your own policy of coverage, depending on the facts of your case. UNINSURED coverage is a mandatory coverage in Minnesota.
If the other driver does not have ENOUGH insurance coverage for the damages you have sustained, then you may be eligible to receive UNDERINSURED motorist benefits through the policy of coverage on the vehicle you were in at the time of the crash and/or your own policy of coverage, depending on the facts of your case.
Seek Help For Your Motor Vehicle Accident Now
Accidents of any kind are stressful. In addition to the initial shock of the accident, you may face mounting bills and be unable to return to work. Fortunately, if you were not at fault for the accident, you may be eligible for compensation.
Do not face your concerns alone. Call Bowden Cyr, PLLC, at 612-254-6409 to discuss your case. You can also schedule an appointment online to visit our Woodbury offices. We will evaluate all avenues for potential compensation and advise you on strategies moving forward.