Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When you incur medical expenses in a motor vehicle accident caused by another driver, you want the at-fault party’s insurer to accept liability promptly. Under Minnesota law, an insurer must investigate and respond to claims in a timely, good-faith manner. Key steps include:
- Gather and preserve evidence. Immediately after the crash, call 911, obtain a police report, collect witness information, and photograph vehicle damage and injuries. This supports your claim of negligence.
- Provide prompt notice. Notify the at-fault party’s insurer in writing as soon as possible. Minnesota’s Unfair Claim Practices Act requires insurers to acknowledge or deny coverage promptly. See Minn. Stat. § 72A.201.
- Submit complete medical documentation. Send itemized medical bills, diagnostic reports, treatment records, and any related receipts. Under Minnesota’s No-Fault Act, you may also submit these bills to your own PIP carrier for immediate coverage while a third-party claim is pending (Minn. Stat. § 65B.42).
- Send a demand letter. After you reach Maximum Medical Improvement (MMI) or when your treatment is stabilized, draft a formal demand letter. Include a statement of facts, liability evidence, total medical expenses, wage loss, and a clear settlement figure. Cite statutes and accident report details.
- Follow up and document all communications. Track phone calls, emails, and letters with dates, times, and the name of the adjuster. If the insurer fails to accept or deny liability within a reasonable time, you may file a complaint with the Minnesota Department of Commerce or pursue a bad-faith claim under Minn. Stat. § 72A.201.
- Consider legal representation. An attorney experienced in Minnesota motor-vehicle claims can draft and negotiate your demand, handle complex subrogation issues, and file suit if necessary. Lawyers often deter unreasonable denials and expedite settlement.
Helpful Hints
- Keep a detailed treatment diary: date, provider, treatment type, and pain level.
- Obtain itemized bills and explanation-of-benefits (EOB) statements from all insurers.
- Request a copy of the complete police report for accident details and officer opinions.
- EMAIl your demand letter via certified mail and request a return receipt.
- If coverage is denied, file a complaint with the Minnesota Department of Commerce online.