Q: If I am injured in a car crash, who is supposed to pay my medical bills and wage loss?
Medical bills are governed by Minnesota Statute – also knowns as the No-Fault Act. The general priority is your no-fault benefits are paid through your own insurance policy (where you are “insured”), whether you are in your vehicle, a friend’s vehicle, a relative’s vehicle, or harmed as a pedestrian by a vehicle. If you are not insured on a policy, you typically go to a relative’s policy who you live with as second priority, and through the vehicle you were occupying at the time of the crash as the third priority. If, however, you were working at the time of the car crash, workers’ compensation has first priority to pay medical bills and wage loss (although at a different rate). There is generally a maximum of $20,000 in medical coverage and $20,000 in wage loss from no-fault insurance. You should consult with an experienced attorney, like Mark, to pursue fair payment of your medical bills and wage loss suffered.
Q: Since Minnesota is a no-fault state, does that mean it does not matter whose fault it is when evaluating whether I have a personal injury claim?
This is not true. Minnesota is a no-fault state when it comes to basic medical and wage loss benefits. With respect to having a claim for pain and suffering, or claims for excess medical, excess wage loss, and other damages, you must establish fault on the part of the responsible party or parties.
Q: Is there anything additional I can claim if I’m seriously injured by a drunk driver or someone under the influence of illegal substances?
Yes, Minnesota law (pursuant to Minn. Stat. § 169A.76) provides for punitive damages if you are harmed by someone under the influence of alcohol, a controlled or hazardous substance, or if a chemical test is refused by an at-fault driver. If a legal proceeding is involved, the Complaint must be amended to assert a claim for punitive damages – it cannot be pursued in the original Complaint prior to factual discovery. It will also be incorporated into negotiations prior to initiating a legal proceeding. The purpose of punitive damages is to discourage others and penalize illegal and egregious decision making that puts other members of the community at risk. If you have been harmed by intoxicated person, you should consult an experienced attorney, like Mark, to pursue your punitive damages and related claims.