If you were involved in a car accident in Minnesota and think you might share some of the blame, you may be wondering whether you are still entitled to compensation for the harm you suffered. Does your contribution to the crash bar you from recovering damages? The answer to that depends on the specifics of the accident.
First, it’s worth noting that Minnesota follows a no-fault insurance system. This means that after an accident, your Personal Injury Protection (PIP) coverage pays for your medical bills, lost wages and certain other expenses, subject to your policy limits. It doesn’t matter if you were wholly or partially responsible for the crash.
Were you seriously hurt?
You may step outside the no-fault system and file a liability claim against the at-fault driver if your injuries are serious and meet certain legal thresholds. While you can recover a wider range of damages with such a claim compared to what PIP covers, your degree of fault matters.
Minnesota uses a modified comparative fault rule, which means you can still recover damages if you’re found less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re 30% to blame, you’d receive 70% of your damages. Should your percentage of fault exceeds that of the other driver’s (51% or more), you recover nothing.
Know your rights before you settle
If you’ve suffered injuries in a crash to which you contributed in some way, it’s worth getting experienced legal guidance. You do not want to shoulder excessive blame that will reduce or eliminate the compensation you deserve. Proper legal guidance through the claims process can help you understand the damages you are entitled to, how fault is determined and how to maximize your recoverable compensation.