Detailed Answer
When a car accident aggravates a pre-existing condition, Minnesota law allows you to recover additional compensation for the exacerbation. Under the Minnesota Automobile Reparations Act (MARA), you can claim personal injury protection (PIP) benefits and, in some cases, pursue a tort claim for serious injuries.
1. Understand No-Fault Coverage
All Minnesota drivers must carry PIP coverage under MARA. PIP pays medical expenses, wage loss, and replacement services regardless of fault. To secure benefits, send written notice to your insurer as soon as practicable, but no later than 30 days after the accident. See Minn. Stat. § 65B.54: PIP notice requirements.
2. Preserve Pre-Accident Medical Records
Gather all medical records, imaging studies, therapy notes, and treatment plans created before the crash. These documents establish your baseline condition and prove that subsequent injuries represent an aggravation.
3. Seek Prompt Medical Attention and Document the Exacerbation
Visit a qualified medical provider immediately after the collision. Describe any new or worsened symptoms. Request imaging, testing, and written reports that compare post-accident findings to your pre-existing status.
4. File Your PIP Claim and Highlight the Aggravation
Submit bills, medical reports, and wage-loss statements to your insurer. Clearly label items that address the aggravated portion of your injury. Keep copies of all correspondence and confirmations of payment.
5. Consider a Tort Claim for Serious Injuries
If your exacerbated injury meets the serious injury threshold, you can sue the at-fault driver. A “serious injury” may include permanent disfigurement, substantial medical expenses, or significant functional loss under Minn. Stat. § 65B.44: Serious injury definition. In a tort claim, you can recover pain and suffering, loss of enjoyment of life, and additional economic damages.
6. Watch the Statute of Limitations and Comparative Fault
File any lawsuit within two years of the accident under Minn. Stat. § 541.07: Personal injury statute of limitations. Minnesota follows pure comparative fault (Minn. Stat. § 604.02: Comparative fault rules). Your recovery may reduce by your percentage of fault.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Helpful Hints
- Keep a detailed injury journal noting pain levels, limitations, and changes over time.
- Take photos of visible injuries and write down witness names and contact details.
- Obtain an independent medical examination if you suspect under-reporting.
- Retain copies of all insurance correspondence and medical bills.
- Consult a personal injury attorney early to preserve evidence and meet deadlines.