Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Minnesota law, you have several tools to determine which insurer covered the at-fault driver at the time of a collision. Follow these key steps:
- Obtain the official crash report. Minnesota Statutes § 169.09 requires law enforcement to prepare a traffic crash report when an officer investigates an accident. That report typically lists the name of the driver’s insurer and policy number as provided at the scene. You can request a copy from the Minnesota Department of Public Safety (DPS) Bureau of Criminal Apprehension:
DPS Accident Report Forms and Information (Minn. Stat. § 169.09). - Review the exchange of insurance cards. At the accident scene, Minnesota law (Minn. Stat. § 169.09, subd. 5) requires drivers to display proof of insurance and share insurer details. Keep a copy of any card or digital proof you received from the at-fault driver.
- Check your no-fault insurer’s records. Under Minnesota’s No-Fault Automobile Insurance Act (Minn. Stat. ch. 65B), your insurer may have collected the at-fault party’s insurer information when you reported the claim. Request a claim file summary or declaration page from your insurer.
- Use civil discovery if necessary. If you file a lawsuit, Minnesota Rules of Civil Procedure, Rule 26.05, obligates each party to disclose all insurance agreements that may cover liability. You can demand production of the at-fault driver’s policy details early in litigation:
Minn. R. Civ. P. 26.05. - Subpoena insurer information. If informal requests fail, an attorney can issue a subpoena duces tecum for insurance records. Courts often compel insurers to produce declarations and coverage documents relevant to your claim.
Helpful Hints
- File your request for the crash report promptly; Minnesota law limits public access after a certain period.
- Keep detailed notes and copies of all correspondence with insurers and the DPS.
- Verify the policy period on any provided proof to ensure coverage at the crash date.
- Ask your own insurer about inter-company coordination if multiple policies apply.
- Consider consulting an attorney early if you face resistance in obtaining insurer details.