How to File a Claim After a Truck Crash in Minnesota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to File a Claim After a Truck Crash in Minnesota

Disclaimer: This is general information and not legal advice. I am not a lawyer. If you have serious injuries or complex liability issues, consult a licensed Minnesota attorney promptly.

Detailed answer — step-by-step guide to filing a claim in Minnesota

If a truck crashed into you and caused injuries, Minnesota law and insurance rules create several paths to recover your medical costs, lost income, and other damages. Below is a clear, practical sequence to follow so you don’t miss deadlines or lose evidence.

1. Immediate steps at the scene and right after

  • Call 911. Get police and emergency medical help. A police report documents the crash and identifies the truck and driver.
  • Get medical care immediately. Some injuries don’t show symptoms right away. Early treatment protects your health and creates medical records that support a future claim.
  • Collect evidence if you can safely do so: photos of vehicles, damage, skid marks, road signs, traffic lights, and your injuries; the truck’s license plate, DOT number, company name on the truck, and driver’s CDL info; names and contact information for witnesses.
  • Keep the police report number and obtain a copy later. In Minnesota, drivers must stop and provide information after a crash; police reports often reference applicable traffic statutes (see Minn. Stat. §169.09).

2. Report the crash to your insurer and preserve records

  • Report promptly to your auto insurer so you can access Personal Injury Protection (PIP) benefits or any medical coverage in your policy. Minnesota has statutes setting out no-fault/PIP rules; see Minnesota statutes on motor vehicle insurance for details (e.g., chapters in Minn. Stat. ch. 65B). A prompt report helps secure those benefits.
  • Preserve all documents: medical bills and records, receipts, pay stubs showing lost wages, rental car receipts, vehicle repair estimates, correspondence with insurers, and a daily journal describing pain, limitations, and treatment.

3. Identify the correct defendant(s)

With truck crashes, potential defendants may include:

  • The truck driver (for negligent driving).
  • The trucking company or the truck owner (employer liability / vicarious liability).
  • A leasing company, maintenance shop, parts manufacturer, or a loading company if vehicle maintenance or cargo loading contributed to the crash.

Trucking companies often use commercial auto insurers and can be more aggressive in defense. They may also be subject to federal and state commercial vehicle rules; those records (driver logs, maintenance files, inspection reports) can be critical evidence.

4. File an insurance claim against the truck’s insurer

  • Use the truck’s insurance information (from the police report or the truck company) to file a third-party bodily injury claim with that insurer.
  • Provide factual information but be cautious about recorded statements. Insurers may ask for recorded statements; consult an attorney before giving a detailed recorded statement if your injuries are significant.
  • Insurers investigate: they will request medical records, bills, and sometimes a statement. Cooperate with requests for basic proof but protect detailed admissions that could be used to undermine your claim.

5. Use your own insurance benefits (PIP/UM/UIM) where applicable

  • Minnesota’s auto-insurance framework includes Personal Injury Protection (PIP) benefits that generally pay for medical expenses and limited wage loss regardless of fault. See Minnesota statutes governing motor vehicle insurance (e.g., Minn. Stat. ch. 65B) for how those benefits work.
  • If the truck driver is uninsured or underinsured, you may use Uninsured/Underinsured Motorist (UM/UIM) coverage under your policy if you purchased it.

6. Evaluate total damages and whether to negotiate or sue

Damages commonly sought:

  • Past and future medical bills.
  • Past and future lost wages and reduced earning capacity.
  • Pain and suffering, mental anguish, and loss of enjoyment of life.
  • Property damage to your vehicle.

Small or clear liability claims often settle through negotiation with the truck company’s insurer. If liability is disputed, injuries are serious, or settlement offers are inadequate, you may file a civil lawsuit.

7. Be aware of Minnesota’s time limits

Do not miss the statute of limitations. For most personal injury claims in Minnesota, you generally must file suit within six years from the date of the injury. See Minn. Stat. §541.07 for the limitations rule that typically applies to personal injury actions. If a family member died from the crash, Minnesota has a separate wrongful-death statute and a different deadline (see Minn. Stat. ch. 573).

8. Collect specialized evidence for truck crashes

Because commercial trucks are regulated, you should try to obtain:

  • Driver qualification files and hours-of-service logs (may show fatigue or other violations).
  • Maintenance and inspection records for the truck.
  • Electronic logging device (ELD) data or onboard tractor-trailer cameras (if present).
  • Federal Motor Carrier Safety Regulations (FMCSR) violations. You or your attorney can request FMCSA inspection and crash history for a carrier at the federal website (https://www.fmcsa.dot.gov).

9. When to talk to an attorney

  • Hire a lawyer if your injuries are serious, permanent, or require long-term care.
  • Consider counsel if the truck company disputes responsibility, if multiple parties are involved, or if federal trucking rules and maintenance logs may be necessary to prove fault.
  • An attorney experienced in Minnesota truck-accident claims can preserve evidence, handle insurer negotiations, and file suit before statutory deadlines.

10. Typical timeline and what to expect

Every case differs. Minor injury claims may resolve in a few months. Complex or catastrophic injury claims involving multiple defendants and expert witnesses can take years to settle or reach trial. Settlement negotiations usually include demand letters, insurer responses, discovery, depositions, and sometimes mediation or trial.

Key Minnesota statutes and resources

  • Statute of limitations for civil actions (personal injury): Minn. Stat. §541.07 — https://www.revisor.mn.gov/statutes/cite/541.07
  • Minnesota motor vehicle insurance / no-fault and PIP provisions: see Minnesota Statutes, chapter 65B (start at §65B.44) — https://www.revisor.mn.gov/statutes/cite/65B.44
  • Duty to stop and give information after a crash (traffic crash responsibilities): Minn. Stat. §169.09 — https://www.revisor.mn.gov/statutes/cite/169.09
  • Federal Motor Carrier Safety Administration regulations and carrier safety data: https://www.fmcsa.dot.gov

Practical example (hypothetical facts)

Hypothetical: You were stopped at a red light in Minneapolis when a commercial box truck rear-ends you, causing a neck injury and $12,000 in medical bills. The responding officer documents the truck company name and DOT number. Steps you would take:

  1. Obtain and follow immediate medical care and get a copy of the police report.
  2. Report the loss to your insurer to access PIP benefits while also notifying the truck’s insurer of your third-party claim.
  3. Preserve all records and ask an attorney to request the truck’s maintenance records and driver logbooks (possible evidence of driver fatigue or poor maintenance).
  4. If the truck insurer offers an early low settlement, your attorney will evaluate future medical costs and lost earnings before accepting anything.

Helpful Hints

  • Get medical attention first. Your health matters more than anything else.
  • Collect the truck’s DOT number, company name, and driver contact info at the scene or from the police report.
  • File timely notices: report to both insurers quickly to preserve PIP and third-party claims.
  • Preserve evidence—photos, phone videos, witness names, and physical evidence in your vehicle.
  • Do not post accident details, photos of injuries, or admissions on social media; insurers monitor social media for inconsistencies.
  • Avoid giving a recorded statement to the other side’s insurer without legal advice.
  • Keep a pain-and-impact diary: daily notes about pain, limitations, and missed activities help document non-economic damages.
  • Ask about the trucking company’s safety record. Federal carrier reports (FMCSA) can show prior violations.
  • Talk to a Minnesota personal injury lawyer early if injuries are moderate to severe, if liability is disputed, or if multiple parties may be responsible.

If you want, I can outline a checklist you can print and take to the scene of a crash, or provide a template message to notify your insurer. Again, this content is informational—not legal advice—and you should consult a licensed Minnesota attorney for case-specific guidance.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.