Step-by-step guide to filing a personal injury claim in Minnesota after a driver ran a stop sign
Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed Minnesota attorney.
Detailed answer: What to do after a crash caused by a driver running a stop sign (Minnesota)
If another driver ran a stop sign and hit your car, you typically have two parallel paths to recover: (1) immediate insurance claims under Minnesota’s automobile insurance system and (2) a liability (tort) claim against the at-fault driver for additional damages not covered by insurance. Follow these steps to preserve your rights and build a claim.
1. Get to safety and seek medical attention
Prioritize health. Call 911 if anyone is hurt. Even if injuries seem minor, get checked by a medical professional. Medical records establish the link between the crash and your injuries, which is essential to any personal injury claim.
2. Report the crash and preserve evidence
- Call the police and make sure an official crash report is prepared. The police report documents citations, witness statements, and on-scene facts.
- Take photos of vehicles, damage, skid marks, the intersection and stop sign, traffic signals, road conditions, injuries, and the overall scene.
- Collect names, phone numbers, insurance information, and license plate numbers of the other driver and witnesses. Note the responding officer’s name and report number.
- Preserve any surveillance or dashcam footage (ask nearby businesses or homeowners immediately).
3. Notify your insurance company and the other driver’s insurer
Minnesota requires reporting to insurers early so they can process Personal Injury Protection (PIP) and other coverages. Provide factual information but avoid admitting fault. PIP covers certain medical expenses and wage loss regardless of fault. For more on Minnesota’s no-fault system, see the Minnesota No-Fault chapter: Minn. Stat. ch. 65B.
4. Understand how Minnesota’s insurance and fault rules interact
Minnesota maintains a no-fault insurance system for first-party benefits (PIP). PIP pays medical costs, wage loss, and other losses up to policy limits regardless of who caused the crash. If your injuries meet or exceed certain thresholds or if you have losses beyond PIP limits, you can pursue a liability claim against the at-fault driver for economic and non‑economic damages. See Minn. Stat. ch. 65B for details on these insurance rules.
5. Determine liability and comparative fault
Running a stop sign is strong evidence of negligence and may be negligence per se under traffic law. Liability depends on the evidence: police report, witness statements, photos, traffic camera footage, and who had the right of way. Minnesota recognizes a comparative-fault approach: if a jury assigns a percentage of fault to you, your recoverable damages are reduced by that percentage. Keep records that undercut any argument that you were at fault.
6. Track damages carefully
Keep detailed records of:
- All medical treatment, diagnoses, prescriptions, therapy, and medical bills
- Income loss, missed workdays, and wage statements
- Vehicle repair estimates, rental car costs, and a record of diminished value
- Out-of-pocket costs such as medications, travel for care, and household help
7. Make informed choices about communicating and settling
Insurers will often make early settlement offers. Those offers can be appropriate in minor injury cases but can also be low. Never sign a broad release without understanding what you give up. If you accept a liability insurer’s settlement, you usually waive the right to sue for additional damages related to the crash.
8. When to file a lawsuit and statute of limitations
If negotiations fail, you can file a civil lawsuit in Minnesota district court against the at-fault driver. Minnesota has time limits for bringing tort claims. Generally, actions for damages for injury to person or property must begin within six years. See the statute of limitations: Minn. Stat. § 541.05. Missing the deadline usually bars you from recovering in court, so act promptly.
9. Consider hiring a personal injury attorney
A lawyer can evaluate liability, handle negotiations, assess long-term damages (like permanent impairment), and file court papers if necessary. Many Minnesota personal injury attorneys accept cases on a contingency-fee basis (they get paid only if you recover). Before signing any retainer, understand the fee percentage and what expenses you may owe.
10. What to expect during litigation
Lawsuits typically involve written discovery (requests for documents and interrogatories), depositions (sworn testimony), motions, and possibly a trial. Settlement can occur at any time, including shortly before trial. Expect the process to take months to years depending on case complexity and court schedules.
Relevant Minnesota statutory resources
- No-fault auto insurance (PIP) and related rules: Minn. Stat. ch. 65B
- Motor vehicle chapter (rules of the road, traffic offenses): Minn. Stat. ch. 169
- Statute of limitations for personal injury: Minn. Stat. § 541.05
Helpful hints
- Get medical care right away. Delays can hurt your health and your claim.
- Document everything. Photos, receipts, medical notes, and witness contact info are critical.
- Do not admit fault at the scene or in early conversations with insurers.
- Keep a daily log of symptoms, pain levels, and activities you can’t do because of injuries.
- Save all correspondence from insurers and the other driver. Create a case folder (digital or physical).
- Be cautious with early settlement offers—ask what they cover and whether future medical needs are included.
- If the other driver has limited insurance, check your own policy for underinsured/uninsured motorist coverages.
- Talk to an attorney early if your injuries are significant, if fault is disputed, or if you face a low settlement offer.
- Act promptly to preserve evidence; video and witness memories degrade over time.
- Remember the statute of limitations (usually six years for injury actions in Minnesota). Start the legal process before it expires: Minn. Stat. § 541.05.