Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Minnesota law, you can pursue vehicle damage compensation separately from bodily injury claims by following these steps:
- Report the Accident: Call 911 or local law enforcement at the scene. Obtain a copy of the police report to document damage. Minnesota law requires a report for accidents causing more than $1,000 in damage (Minn. Stat. § 169.09, subd. 5). 169.09.
- Notify Your Insurer: Promptly notify your auto insurer under your collision or property damage coverage. Include photos of damage, repair estimates, and the police report.
- File a First-Party Property Damage Claim: Submit your repair bills or estimates to your insurer. If the insurer undervalues the damage, you can demand an appraisal under Minn. Stat. § 65B.525. 65B.525.
- Pursue a Third-Party Claim: If another driver caused the damage, file a property damage claim against their liability coverage. Send a written demand letter and include evidence of fault (e.g., police report, photos).
- Understand No-Fault vs. Third-Party Claims: Minnesota’s no-fault system requires you to file personal injury protection (PIP) claims for bodily injury with your own insurer. Property damage claims remain outside PIP and proceed under collision coverage or the at-fault driver’s liability policy.
- Consider Litigation: If the insurer denies or delays payment, you can file a lawsuit in district court under the 6-year statute of limitations for property damage (Minn. Stat. § 541.05, subd. 1(5)). 541.05. Keep all correspondence and evidence for court.
- Separate Court Filings: To sue for vehicle damage only, file a distinct property damage complaint. Reference policy limits and proper jurisdiction. You can pursue bodily injury separately or combine claims only if you file both at once.
Helpful Hints
- Document all damage with time-stamped photos before repairs.
- Obtain at least two repair estimates to support your valuation.
- Keep detailed records of communication with insurers and other drivers.
- Review your policy’s deductible and coverage limits before filing.
- Consult an attorney if the claim exceeds policy limits or the insurer undervalues your damage.