Can I Collect Compensation After A Car Accident If A Driver Does Not Have Insurance In Minnesota?

July 13, 2022

For a responsible driver, being in a car accident is close to a worst-case scenario, but things can get even tougher when the accident may not have been your fault, you’re injured as a result, and the other driver does not have car insurance. Luckily, a lawyer may be able to help if you find yourself in this type of situation.

What insurance is required in Minnesota?

Even though Minnesota drivers are required to have car insurance, it’s estimated that almost ten percent of drivers are currently uninsured. Under Minnesota law, every driver is required to have personal injury protection (PIP) coverage, liability coverage, underinsured coverage, and uninsured coverage. Because Minnesota is a “no-fault” state, that means your own PIP coverage pays for some of your medical and wage loss expenses (within your policy’s limits) no matter who is at fault for the accident. If your expenses exceed your PIP coverage limit and the other driver is uninsured, your policy’s uninsured coverage would kick in.

But what if your injuries are still not fully covered by your uninsured coverage, and what about the damage to your car?

What about further injuries or damage to my car?

If your car insurance policy includes collision coverage, which is optional and not required under Minnesota law, your collision coverage will pay for damages to your car. From there, the insurance company will usually pursue reimbursement from the other driver.

However, even collision coverage doesn’t cover further injuries to yourself, and if you don’t have collision coverage, your insurance will not cover damages to your car. If you find yourself in either of these situations, you may have to consider filing a lawsuit against the other driver to receive compensation.

Will I receive compensation from an uninsured driver?

In short, you may or may not be able to receive compensation from an uninsured driver after being in a car accident. An unfortunate truth is that many uninsured motorists usually don’t have many assets. That means that even if you’re able to obtain a judgment against an uninsured motorist, you may not be able to collect any money from that person, especially considering that judgments in civil cases can usually be erased by bankruptcy.

In most personal injury cases, claims are paid out by a driver’s insurance company, and without an insurance company to negotiate with, you may have difficulty collecting compensation. But in some cases, it may be worth it to go through with the process.

A personal injury lawyer can walk through all of these considerations with you and evaluate your case – usually for free, with no upfront commitments or costs. For that reason, you should talk to a lawyer, ask questions, and weigh your options.