In the 33 years I have been exclusively practicing law representing accident victims and their families in personal injury and wrongful death cases, most matters involve a motor vehicle that provides “automatic” coverage for accident-related medical expenses, payment of some lost wages, and payment for various other items, including funeral expenses. These benefits are called “no-fault” benefits or sometimes referred to as “personal injury protection benefits” or shortened to “PIP” benefits.
The Vogel Law Firm provides full-service personal injury and wrongful death representation across Minnesota, and you should contact one of our Personal Injury Attorneys as soon as possible after the accident. While the answers below summarize the law, they are not intended to fully address every scenario. To be safe, you should contact our office as soon as possible for a free consultation. Below are some of the common questions we answer regarding Minnesota no-fault benefits:
After My Accident, I Was Told Minnesota Is A “No-Fault” State. What Does That Mean?
The term “no-fault” means the company insuring a vehicle is required to pay the economic losses suffered by the operator and/or passengers of its insured vehicle. It doesn’t matter who was “at fault” for causing the accident. Anyone who is injured in a motor vehicle accident must first look to the company that insured their own personal vehicle(s) at the time of the accident. Even if you were not operating or occupying the vehicle you owned and insured at the time of the accident, that is still the policy you look to first for payment of these benefits.
What Are The “No-Fault” Benefits?
The basic no-fault benefits in Minnesota for economic losses resulting from an accident consists of two categories: $20,000 for payment of all necessary and reasonable medical expenses and $20,000 for partial reimbursement of wages lost and other items such as funeral expenses and survivor’s losses, among other things. From the category reimbursing for partial wages lost, the benefit is capped at $500/week and up to $200/week as replacement services the injured person would have performed around the household.
What Happens If The Accident Causes A Death Instead Of An Injury?
The basic no-fault benefits in Minnesota following a death related to an accident are $500/week to the surviving dependent family member as partial reimbursement for the decedent’s lost income. The insurance company will also pay $5,000 for funeral, cremation, and burial expenses. A benefit of $200/week is also available to replace any household services the decedent would have performed while alive. These benefits will be drawn against the basic no-fault benefit total of $20,000 for all related non-medical items.
Am I Entitled To No-Fault Benefits If I Am Hit By A Car While I Am On My Bike Or Walking On The Road?
Yes. If you are struck by a motor vehicle while walking or biking, the insurance you carried on your own personal vehicle will pay your no-fault benefits. The insurance company for the striking vehicle will be responsible for paying you the value of your personal injuries and property damage. Keep in mind that by law, the no-fault benefits are owed automatically, but payment for your personal injury claim under the liability coverage is an issue that may be disputed. These are separate and distinct coverages owed by two different companies – yours for no-fault benefits and theirs for liability coverage.
If you are struck by a motor vehicle, and you did not own or insure a vehicle of your own, then, in most cases, you would receive the no-fault benefits from the carrier insuring the vehicle that struck you. In this instance, the same company would be responsible for paying your accident-related no-fault benefits and for paying you the value of your personal injury and property damage. These are separate ad distinct parts of the same policy.
If I Accept Payment Of The No-Fault Benefits, Am I Waiving My Right To Make A Personal Injury Claim Or Wrongful Death Claim?
No! Compensation for your personal injuries or a wrongful death claim are not impacted by your receipt of no-fault benefits. You will be compensated separately for these and other items of damages as part of a personal injury and/or wrongful death claim you bring against the people/companies responsible for the accident and resulting injuries, death, and losses.
Because every accident involves several different and varying levels of insurance coverage interacting and playing off one another, you should contact one of our Personal Injury Attorneys as soon as possible after your accident.
If you have a personal injury claim or a claim for the wrongful death of a loved one, don’t hesitate to call the Personal Injury Attorneys at the Vogel Law Firm. We are here to help you obtain the compensation you deserve. Call our office today at 701-237-6983 or contact us online at www.vogellaw.com to schedule a consultation.
H. Patrick Weir Jr. and Brenda Blazer, Personal Injury and Wrongful Death Attorneys