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Frequently Asked Questions

Do I Have a Case?

The answer to this question depends on a number of factors.  We can help you determine if you are entiled to compensation after a phone conversation or meeting at our office or your home.  In the most basic terms though, the answer depends on two things: are you hurt, and is your injury or illness caused by someone else's carelessness or negligence?  If the answer is yes to both of theses questions, then chances are you have a case.

How Do I collect Minnesota No-Fault Benefits?

An insurance company is required to pay No-Fault benefits in a timely manner.  However, a person requesting No-Fault benefits must cooperate with the insurance company.  For example, an insurance company might require a person to fill out forms, sign authorizations, fill out applications, give statements, attend medical examinations, provide disability/workability slips, provide proof of wage loss, provide proof of miles driven, provide proof of replacement services, provide proof of the accident, provide proof of residence, give statements under oath, and attend arbitration hearings.

Collecting No-Fault benefits can be stressful, complicated and confusing.  We will handle every aspect of your No-Fault claim from start to finish on your behalf.

How Long Will it Take to Settle My Case?

The answer to this question depends on the nature and extent of your injuries, your treatment and how much money the insurance company is offering.  Some cases last months, other cases last years.  Cases take as long as need be to recover the maximum amount of money for your injuries.

How Much is My Case Worth?

This is one of the most common questions asked during the initial phone conversations and meetings.  Honestly, there is no way to answer this question because the answer depends on so many factors such as the facts of the accident, the nature and extent of the injuries, the type of treatment received, physical condition prior to the accident, etc.  It is not until about 6-9 months post-accident when we will begin the process of evaluating the value of your injuries.  One thing we can say, we will fight for every last penny.

I have been summoned to jury duty on an auto accident case. Is there anything I should know?

The most interesting aspect of an auto accident trial in Minnesota isn't what the jury hears; it is what the jury does not hear.  Rule 411 of the Minnesota Rules of Evidence states the topic of insurance is not allowed to be discussed in front of the jury.  Therefore, it doesn't mean the defendant will have to pay the verdict out of his or her pocket just because insurance is not discussed during trial.  In fact, the opposite is likely true.  There would be very few reasons for a case to go all the way to trial if the defendant did not have insurance.  In all likelihood, any verdict against the defendant will be paid by his or her insurance company.  Trial is expensive, time consuming, and very stressful for the plaintiff.  It would not make sense for the plaintiff to go all the way to trial unless there was a chance to collect on the verdict.

What Does Minnesota No-Fault Cover?

Each person who is eligible for No-Fault benefits is entitled to the following:

  • $20,000.00 in medical expenses
  • $250.00 a week in wage loss
  • Mileage reimbursement
  • Replacement services
  • Funeral Expenses
  • Survivor's Replacement Services
  • Survivor's Economic Loss

What is a contingent fee agreement?

Simply stated, a contingent fee agreement means we don't get pain unless out clients get paid. A contingent fee agreement ensures an attorney will work diligently from beginning to end and will make every effort to maximize a client's recovery.  A contingent fee agreement creates a bond, or a partnership, between the attorney and the client because the attorney's fee is based on how much the injured person receives.

What is Minnesota No-Fault?

The Minnesota No-Fault Act is one of the most confusing and least understood aspects of a Minnesota car accident.  The Minnesota No-Fault Act was created in 1975 and is designed to provide immediate coverage to individuals injured in Minnesota car accidents.  The No-Fault Act provides coverage for medical expenses, wage loss, funeral expenses, and replacement services.  The reason it is called the "No-Fault Act" is because the coverage is available regardless of fault.

Who Pays My No-Fault Benefits?

Our Minnesota accident attorneys will help you and your family determine what insuance company will pay Minnesota No-Fault benefits because the answer depends on a number of factors.  People inside the same car involved in the same accident might each have a different insurance company pay his or her No-Fault Benefits.

  • If someone is a named insured on a policy of insurance providing No-Fault benefits, then that insurance company pays the No-Fault benefits.
  • If someone is not a named insured, but lives with a relative who is a named insured on a policy of insurance providing No-Fault benefits, then that insurance company pays the No-Fault benefits.
  • If someone is not a named insured, and does not live with a relative who is a named insured, then the vehicle the person was riding in at the time of the accident pays the No-Fault benefits.

The above scenarios cover the majority of No-Fault claims.  However, there are additional rules for pedestrians, cyclists, motorcycles, minors, buses, business vehicles, stolen vehicles, police cars, and out of state vehicles.

Will My Insurance Rates Go Up if I Make a No-Fault Claim?

Many people are afraid to inform their own insurance comapny about an accident.  Do not be afraid, this is why you have been paying premiums all this time.  In fact, you probably have a contractual duty to contact your insurance company regarding the accident.  In addition, you will likely need to call them to set up your no-fault claim.  Remeber, it is against the law for an insurance company to raise your rates if the accident is not your fault.  Minnesota Statutes, 72A.20 Subd. 23(d).

Do not hesitate to contact one of our Minnesota car accident lawyers at 612-ASK-DAVE if you or your family has questions concerning any aspect of a Minnesota car accident.