Like all states, Minnesota makes auto insurance mandatory for motor vehicle drivers. In spite of this law being in place, however, hundreds of uninsured and underinsured drivers are on the roads each day. A driver not carrying the proper insurance can make it more difficult to recover compensation for your serious injuries.
At Hall Law P.A., our St. Cloud uninsured/underinsured driver accident attorneys can help you with your case. Learn more during a free initial consultation. Call (800) 292-1979 today.
How Does the Car Insurance System Work in Minnesota?
Minnesota is a no-fault state. If a crash occurs, you – as the injured victim – will seek benefits from your insurance provider, even if you were not at fault. Your policy’s personal injury protection coverage will pay for your medical bills and property repairs. The only circumstance in which you can hold another driver responsible for your car accident is if your injuries meet Minnesota’s threshold for serious injuries. In general, this requires either $4,000 in medical costs or a permanent injury or disfigurement.
How Do You Recover From an Uninsured/Underinsured Driver?
If you wish to file a third-party claim but discover the other driver does not have enough car insurance, this will make the claims process trickier. Rather than the traditional third-party claims scenario, you may need to look elsewhere for insurance coverage.
Uninsured Motorist Claim
If the other driver has no insurance at all, you will turn to your uninsured motorist coverage (UM) insurance for benefits, which is a requirement in the State of Minnesota. With UM insurance, your own provider will pay when the at-fault driver does not have any insurance. UM coverage pays for most, but not all, of the things the other driver’s policy would have paid, including emotional distress and lost wages.
Underinsured Motorist Claim
If you purchased underinsured motorist insurance (UIM) at an additional premium, this type of coverage will pay for your losses after an accident that was not your fault, if the other driver does not have enough car insurance to fully cover them. First, your insurance company will take what it can from the at-fault driver’s policy. Then, your own UIM insurance will cover the remaining balance.
You may have grounds to file a third-party lawsuit against the responsible driver or another negligent party. This may be necessary if your UM or UIM insurance does not fully pay for your losses or if someone other than the uninsured driver caused your crash, such as the city government. Your chances of recovering from someone other than the driver will be higher, as the driver most likely will not have the funds to pay without insurance.
Always call the police after an accident with an underinsured or uninsured driver. The police can ticket the driver and suspend his or her license until the driver obtains the proper insurance. Calling the police can give you a police report to serve as evidence for your insurance claim later. Then, contact a lawyer for assistance with the recovery process.
When Would You Need to Hire a St. Cloud Car Accident Attorney?
Navigating the insurance process can be even more difficult when going up against an uninsured or underinsured driver. It is important to hire a car accident attorney to help with your claim, especially if the car accident gave you serious or catastrophic injuries. Your lawyer can inform you of your rights and stand by your side through every phase of your claim, from beginning to end. A lawyer can answer your legal questions, take care of the filing process for you, defend your rights against insurance companies and fight for maximum financial recovery on your behalf.
Call Hall Law P.A. for a Free Consultation in St. Cloud
If you’ve been injured in a car accident with an uninsured or underinsured driver in St. Cloud, our attorneys can help. Contact Hall Law P.A. for a free consultation with one of our experienced lawyers. We accept all car accident claims on a contingency fee basis, with no fees charged until after we win. Call (800) 292-1979 now for more information.