Detailed Answer
1. Identify All At-Fault Parties
In Minnesota, you may hold every person or entity that contributed to your injury liable. Review police reports, witness statements and surveillance footage. Common at-fault parties include drivers, vehicle owners, employers under respondeat superior, and product manufacturers.
2. Understand Joint and Several Liability
Minnesota retains joint liability for tort claims. Under Minn. Stat. § 604.01, each defendant is liable for the full amount of non-economic damages. A plaintiff may collect the entire judgment from any defendant, regardless of fault percentage.
3. Recover Economic Damages Proportionately
For economic damages (medical bills, lost wages), Minnesota limits each defendant’s liability to their share of fault. See Minn. Stat. § 604.02. After one defendant’s insurer pays its policy limit, you must pursue the unpaid balance from each defendant in proportion to fault.
4. Leverage Underinsured Motorist Coverage
If an at-fault driver’s liability insurance is insufficient, you can tap your own underinsured motorist (UIM) policy. Minnesota law requires insurers to offer UIM under Minn. Stat. § 65B.49 and Minn. Stat. § 65B.52. UIM coverage pays the gap between the tortfeasor’s limit and your UIM limit.
5. File Suit for Uninsured Balances
Once insurance proceeds are exhausted, you may sue each defendant personally for the unpaid portion of your judgment. Include detailed proof of negligence and damages. Minnesota’s two-year personal injury statute of limitations applies (Minn. Stat. § 541.05).
6. Use Contribution and Subrogation
If you settle with one defendant for their policy limit, you can seek contribution from others under Minn. Stat. § 604.02. Contribution lets you recover overpayments and ensure each defendant pays their fair share.
7. Negotiate Releases Carefully
When you accept an insurer’s limit, sign a limited release to preserve claims against other defendants. A broad release may extinguish your right to pursue remaining parties.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed Minnesota attorney for guidance tailored to your case.
Helpful Hints
- Document all bills, pay stubs, repair estimates and receipts.
- Request medical records and provider statements promptly.
- Track each insurer’s payments and policy limits.
- Note the Minnesota two-year statute of limitations for personal injury claims.
- Consider mediation to resolve claims with multiple defendants efficiently.
- Consult an attorney experienced in multi-defendant and insurance-coverage cases.