If you’re involved in a car accident in Minnesota and the driver who caused it doesn’t have insurance, you still have options for recovery. Because Minnesota is a no-fault state, your own insurance will cover certain expenses through your Personal Injury Protection, or PIP, coverage. However, if your losses go beyond what PIP covers, you may be eligible to file an uninsured motorist claim or directly sue the at-fault driver.
At Sieben Alexander P.A., we’re committed to helping victims of uninsured drivers pursue fair compensation. Our attorneys can help you understand your options if the at-fault driver has no insurance and seek the recovery you deserve.
Navigate This Page
- What To Do When an At-Fault Driver Has No Insurance in Minnesota
- What Is the Difference Between Uninsured and Underinsured Motorist Coverage in Minnesota?
- How To Pursue Damages if the At-Fault Driver Isn’t Fully Insured
- What Is the Statute of Limitations for Filing a Lawsuit Against an Uninsured Driver in Minnesota?
- Minnesota’s no-fault insurance system covers medical expenses and lost wages through your own PIP coverage, no matter who caused the crash.
- Uninsured motorist and underinsured motorist coverage can provide additional compensation when the at-fault driver has no insurance or too little coverage.
- If no insurance is available to cover your damages, you may need to file a lawsuit to seek compensation directly from the driver.
- Our Eagan personal injury law firm can help you explore all your compensation options after a crash with an uninsured driver.
What To Do When an At-Fault Driver Has No Insurance in Minnesota
If the driver who caused your crash doesn’t have insurance, you’ll first turn to your own policy for coverage. Under Minnesota’s no-fault system, your Personal Injury Protection, or PIP, benefits will pay for your medical bills and lost income. This coverage applies regardless of who was responsible for the accident.
Your losses may exceed the maximum amount PIP covers. If you have uninsured motorist coverage, you can file a claim through your policy to seek additional compensation, including non-economic damages. If you don’t have this coverage, you may need to file a lawsuit against the at-fault driver.
Is Minnesota a No-Fault State?
Minnesota follows a no-fault insurance system. This means that after an accident, your insurance policy covers certain damages regardless of who caused the accident. You must file a claim with your own insurance company, even if the other driver was at fault. However, no-fault coverage is limited to economic damages, such as medical bills and lost wages. Non-economic damages, such as pain and suffering, may require filing a claim against the at-fault driver.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage in Minnesota?
Minnesota law requires all drivers to carry uninsured motorist and underinsured motorist coverage. Both types of coverage protect you when the driver who caused your crash doesn’t have enough insurance to pay for your damages. The key difference is whether the at-fault driver has no insurance or too little insurance to cover your losses.
Uninsured motorist, or UM, coverage applies when the at-fault driver has no insurance at all. It allows you to recover compensation from your own policy for any losses the driver’s liability insurance would have covered if they had been insured.
Underinsured motorist, or UIM, coverage applies when the at-fault driver has insurance, but not enough to cover all of your damages. After you collect the maximum amount available under their liability insurance, your UIM coverage can step in to cover the remaining costs. However, your policy limit may affect how much you can get from your underinsured motorist claim.
Minnesota Minimum Insurance Coverage Requirements
To legally drive in Minnesota, drivers must have specific minimum insurance coverage:
- Bodily Injury Liability: $30,000 for one person, $60,000 for two or more people.
- Property Damage Liability: $10,000.
- Personal Injury Protection: $40,000, covering medical expenses and lost wages.
- Uninsured Motorist Coverage: $25,000 for one person, $50,000 for two or more people.
These insurance requirements are designed to help you recover damages if the at-fault driver lacks sufficient coverage or insurance altogether.
What Happens if You Drive Without Insurance in Minnesota?
Driving without insurance in Minnesota is a misdemeanor. Penalties include:
- Fines up to $1,000 for a first offense and $3,000 for a second offense.
- License revocation and vehicle impoundment.
- Potential jail time, especially if an accident causes significant injury or death.
How To Pursue Damages if the At-Fault Driver Isn’t Fully Insured
If your accident results in damages exceeding your PIP coverage, you may still have ways to recover additional compensation. The next step depends on whether the at-fault driver has some insurance or none at all—and whether you have UM or UIM coverage.
When To File a Third-Party Claim
If the at-fault driver has liability insurance, you may be eligible to step outside the no-fault system and file a third-party claim against their policy. Minnesota law allows you to pursue a liability claim when at least one of the following is true:
- You have more than $4,000 in medical expenses. This excludes the cost of diagnostic X-rays and rehabilitation.
- You have suffered a permanent injury or permanent disfigurement.
- You have been disabled for 60 days or more because of your injuries.
- The accident resulted in death.
If you meet any of these criteria, you may seek compensation from the at-fault driver’s applicable liability insurance. These criteria also allow you to pursue recovery through your UM or UIM coverage if the at-fault driver is uninsured or if their policy limits are too low to cover your full losses.
When To File a Lawsuit
If the at-fault driver doesn’t have insurance—and your own UM or UIM coverage isn’t available or enough to cover your losses—you may need to file a lawsuit. This allows you to pursue compensation directly from the driver’s personal assets.
What Happens if the Uninsured At-Fault Driver Has No Assets To Pay a Judgment?
Even if the court judges in your favor, collecting money can be challenging if the uninsured driver has minimal assets to cover your damages. In these cases, our Eagan car accident lawyers may work with the court to garnish the at-fault driver’s wages or set up a payment plan.
While this isn’t an option in every case, we’ll do whatever we can to help you get the compensation you deserve.
What Is the Statute of Limitations for Filing a Lawsuit Against an Uninsured Driver in Minnesota?
Minnesota has a six-year statute of limitations for most personal injury claims, including those involving an uninsured driver. That means you have six years from the date of the accident to file a claim.
If the crash was fatal, Minnesota’s wrongful death statute of limitations applies. This deadline gives you three years from the date of death to take legal action against the uninsured driver.
Missing your case’s filing deadline may mean losing your right to seek compensation. We encourage you to act quickly after a crash to protect your case.
Steps To Take After an Accident With an Uninsured Driver
After a crash with an uninsured driver, follow these steps:
- Document the Accident: Take photos and gather evidence from the scene.
- Obtain a Police Report: This report is critical for proving fault.
- Review Your Insurance Coverage: Contact your insurance provider to verify coverage details.
- Consult With a Car Accident Lawyer: Having a skilled attorney can ensure that you follow the correct process and maximize your compensation.
Contact Our Minnesota Car Accident Lawyers Today
If you’ve been involved in an accident with an uninsured driver, having experienced legal representation is critical. Our attorneys can navigate the complexities of insurance claims and lawsuits while you focus on your health.
At Sieben Alexander P.A., we’ve recovered significant results for Minnesota crash victims and their families. Our client testimonials and national recognition speak volumes to the level of service we provide to every person who turns to us for help. Contact us online or call 651-437-3148 to schedule a free consultation.
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