Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
In Minnesota, you can pursue compensation for vehicle damage (property damage) separately from bodily injury claims. The process involves notifying your insurer or the at-fault driver’s insurer, documenting damage, and filing the appropriate claim. Under Minnesota’s No-Fault Act, property damage falls under first-party or third-party coverage, while bodily injury is treated separately. Follow these key steps to protect your rights and maximize recovery:
Step 1: Notify the Insurance Company
Contact your own insurer and the at-fault driver’s insurer as soon as possible. Minnesota Statutes § 65B.41 requires prompt notice of loss. Provide basic details: date, location, and a description of the collision. Early notification preserves your right to coverage.
Step 2: Document and Preserve Evidence
Take clear photos of all vehicle damage, the accident scene, and any visible skid marks or debris. Obtain a copy of the police report. Collect witness names and contact information. Evidence supports your property damage claim and can speed up settlement.
Step 3: Obtain Repair Estimates
Get written estimates from at least two reputable auto repair shops or an independent appraiser. Submit these estimates to the insurer. If you hire a preferred shop through your insurer’s network, you may benefit from expedited approval and guaranteed repairs.
Step 4: File Your Property Damage Claim
First-party claim: If you have collision or comprehensive coverage, file directly with your insurer. They will pay for repairs minus your deductible, then seek recovery from the at-fault insurer (subrogation).
Third-party claim: If you lack collision coverage, file directly with the at-fault driver’s insurer, demanding full reimbursement for repair costs and any diminished value.
Step 5: Resolve the Claim or Sue
Negotiate repair costs and loss of use (rental car) with the insurer. If the insurer refuses full payment, you may initiate a lawsuit for property damage. Minnesota’s general six-year statute of limitations for contract claims applies to auto property damage (see Minnesota Statutes § 541.051).
For claims under the No-Fault Act, see Minnesota Statutes §§ 65B.41–65B.51 for declaration of coverage, loss report requirements, and claim timelines: Minnesota Statutes Chapter 65B.
Helpful Hints
- Keep all repair invoices and receipts in one file for easy reference.
- Follow up in writing (email or certified mail) to create an official record of all communications.
- Check your policy for rental reimbursement and total loss coverage limits.
- Consider hiring an independent appraiser if the insurer’s estimate seems low.
- Ask your insurer about diminished value coverage if your repaired vehicle is worth less.
- Track all claim deadlines to avoid missing the statute of limitations.