If you are involved in an accident with a negligent driver that does not have enough insurance you may still recover for your injuries through your own insurance policy.  This coverage, which is required in Minnesota, is known as underinsured motorist coverage. In this situation, your own car insurance company steps into the shoes of the at fault driver and pays for your damages that exceed the value of the at fault drivers insurance. You still need to show that the other driver was more at fault for the accident than you, and you still need to show that you have a serious injury. Your insurance rates will not go up if you have to use this coverage.

A person who has suffered a personal injury does not pay any attorney fees unless their case is resolved and money has been recovered for them. If no money is recovered, the client does not owe any attorney’s fees. This is called a “contingent fee agreement.” Some firms, like Todd Johnson Law Firm also pay all costs involved in your claim unless you get a recovery.

Todd Johnson Law firm pays all of the client’s costs until the case is resolved. For example, the attorney would pay for expenses such as court filing fees, investigation costs, and doctors’ reports. Then, if money has been recovered at the end of the case, the agreement allows an attorney to be reimbursed for these costs. All contingent fee agreements are put into writing so the client will know what to expect.   And if you have any questions, we are happy to answer your questions.

You can settle a claim by your self but the bigger question is should you? Studies done by the insurance companies themselves show that people with lawyers get 3 times more for the same type of injury as someone without a lawyer. That, however, is only one of the problems. Depending on the type of settlement you have and the facts of your case you may need to notify other parties of your settlement before the final settlement or you may lose additional benefits. You may also need to pay back some of your medical bills or wage loss that were paid by an insurance company.  There are also time limits on when you have to sue someone and in some cases you have to give notice before suing someone.

It doesn’t cost anything to talk to most lawyers who handle these types of cases and you will be able to avoid many potential problems.  Please give us a call at 320-262-3551 or e-mail us at todd@toddjohnsonlaw.com to talk to Todd Johnson without charge or obligation.

You can sue a drunk driver for an accident in the same manner as you would sue any driver who causes an accident. However, Minnesota provides that you may also ask a judge for approval to bring a claim for punitive damages against the drunk driver that caused the accident. Punitive damages are not covered by insurance and are meant to punish the drunk driver for driving under the influence.  Any recovery awarded by a jury for punitive benefits related to a drunk driver accident must be paid by the drunk driver directly and not from his insurance company.  You may also recover from the drunk driver’s insurance company for those damages not viewed as punitive damages.

Minnesota’s standard for determining drunk driving is currently .08.

Minnesota has a law known as no-fault that effects many aspects of car accidents in Minnesota.

If you are injured in a car accident in Minnesota, your own car insurance pays for your reasonable and necessary medical bills up to $20,000.

This includes medical bills as well as chiropractic bills.  It does not matter if you were not at fault for the accident. Your own insurance pays for your bills. However, your insurance rates will not go up because of this payment of medical bills unless you were at fault in causing the accident. In that case, your insurance rates may go up for your negligent driving, but not for your receipt of medical bills.

The $20,000 limit is a minimum and it is possible to buy additional no-fault medical coverage. Since $20,000 doesn’t last long in a serious accident it is a good idea to consider additional insurance coverage. Ask your insurance agent about this possibility.

Your insurance company has a right to have you seen by a doctor of their choice to determine if your medical bills are related to the accident. You have an obligation to go to this medical appointment, but before you do you should seriously consider contacting an attorney handling these types of matters. Your entitlement to additional medical benefits may depend on what happens at that medical appointment.

If your insurance company refuses to pay your medical bills you have the right to have that dispute arbitrated.

If you are injured in a car accident you may sue any person whose negligence caused your injury. This might be the driver of the other car, the driver of your car if you were a passenger or even multiple drivers if several drivers contributed to your injuries. Under Minnesota law the owner of a car is as responsible as the driver for any actions of the driver.

There are no limitations on what type of person you may sue in Minnesota. This means you may sue your spouse, parents, siblings or anyone else if their negligence contributed to your injuries. Although it may seem unusual to sue a relative, their insurance company is still responsible if their negligent actions caused you to suffer injuries.