Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Minnesota’s Auto Insurance Framework
Minnesota requires all drivers to carry no-fault Personal Injury Protection (PIP) and liability coverage. PIP pays your medical bills regardless of fault under Minn. Stat. § 65B.43. Liability coverage compensates you for injuries the at-fault driver causes. Distinguish between PIP claims and third-party liability claims.
2. Gather and Submit Strong Evidence
Collect a certified police report, witness statements, photos of the scene and injuries, and all medical records and bills. A thorough file helps the insurer verify fault. Attach a clear narrative explaining how the collision caused your injuries.
3. Follow Statutory Notice and Deadline Requirements
File your liability claim promptly. Minnesota administrative rules require insurers to acknowledge a claim within 10 days of first notice (Minn. R. 2795.0100) and accept or deny it within 30 days of receiving proof of loss (Minn. R. 2795.0600). Meeting these deadlines strengthens your position.
4. Communicate Clearly in Writing
Send all documents and demands in writing. Use certified mail with return receipt. Summarize your demands in a cover letter: reference the date of loss, claim number, and specific coverage sections. A paper trail helps later if disputes arise.
5. Leverage Minnesota’s Unfair Claims Settlement Practices Act
If the insurer delays unreasonably or denies coverage without justification, Minnesota law prohibits unfair claim settlement practices. You may cite Minn. Stat. § 60A.081 to demand fair handling. Document every phone call, email, and letter.
6. Consider Legal Remedies
If the insurer still refuses to accept liability, you can file a lawsuit. Under Minn. Stat. § 65B.49, you may give written notice of dispute and pursue civil litigation. Courts can award damages plus attorney fees for bad-faith denials.
Helpful Hints
- Maintain a detailed log of all communications.
- Obtain a certified copy of the police crash report.
- Keep copies of every medical bill, diagnosis, and treatment note.
- Send demand letters via certified mail, return-receipt requested.
- Confirm deadlines for filing suit—typically within six years for personal injury (Minn. Stat. § 541.05).
- Consult a Minnesota attorney before the statute of limitations expires.