Car accident injury claims in Minnesota
Minnesota is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in Minnesota.
Minnesota at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- Yes
- PIP / no-fault coverage
- $40,000 minimum per person ($20K medical + $20K combined income loss/replacement services/funeral/survivor); income loss 85% gross capped $500/wk; funeral cap $5,000; replacement services cap $200/wk; survivor's economic loss cap $500/wk; survivor's replacement services cap $200/wk
- Threshold to step outside no-fault
- Applies
- Minimum liability coverage
- 30/60/10 BI/PD + $40,000 PIP + 25/50 UM/UIM (all mandatory)
- Time limit for an injury claim
- 6 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
Your own PIP coverage pays for injuries first, regardless of who caused the crash.
Noneconomic damages require one of: $4,000+ medical expenses OR 60+ days disability OR death/permanent injury/permanent disfigurement (§ 65B.51 subd. 3)
Generally measured from the date of the accident.
How fault works in Minnesota
Minn. Stat. § 604.01 subd. 1 — contributory fault does not bar recovery if it was 'not greater than' the fault of the person against whom recovery is sought, with damages diminished in proportion to the claimant's fault. A plaintiff at exactly 50% recovers (reduced by 50%); a plaintiff at 51%+ recovers nothing. Subd. 1a defines fault broadly (negligence, recklessness, strict liability, breach of warranty, unreasonable assumption of risk, product misuse, failure to mitigate). Last clear chance is abolished.
Paying for injuries in Minnesota
MN is an add-on no-fault state under ch. 65B. § 65B.44 sets a $40,000 minimum per person = $20,000 medical + $20,000 combined (income loss, replacement services, funeral, survivor's economic loss, survivor's replacement services). Income loss = 85% of gross capped at $500/week; funeral capped $5,000; replacement services $200/week; survivor's economic loss $500/week; survivor's replacement services $200/week. PIP pays own-carrier benefits up to limits regardless of fault. The tort threshold (§ 65B.51 subd. 3) gates noneconomic damages: $4,000 medical OR 60+ days disability OR death/permanent injury/permanent disfigurement; economic damages above PIP are collectible from the tortfeasor without the threshold. Disputed PIP ≤ $10,000 goes to mandatory binding arbitration (§ 65B.525). MN Commerce guidance imposes a 6-month claim-filing requirement. The $40K structure was NOT raised in 2022 (2022 Chapter 95 is the agriculture appropriations act); last substantive subd. 1 amendment is 2002 c 274 s 1.
How Moe handles injury claims in Minnesota
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Minnesota’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Minnesota injury claims — common questions
- Is Minnesota a no-fault state?
- Yes. Minnesota is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.
- What is Minnesota's fault rule for a car accident?
- Minnesota follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Minnesota?
- In Minnesota the statute of limitations for a personal-injury claim is generally 6 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Minnesota’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.