Frequently Asked Questions Regarding No-Fault Insurance

I've heard that Minnesota is a "no-fault" state. What does that mean?

No-fault automobile insurance is a type of automobile insurance coverage that applies regardless of who is at fault for the accident, but the benefits it provides are limited.

Often, a claim for no-fault benefits will be made against your own company. This is not an admission that you were at fault for the accident. You have purchased "no-fault" insurance coverage specifically for the event that an accident occurs, and it covers you regardless of who is at fault.

What benefits are available under no-fault insurance coverage?

Generally, no-fault insurance covers medical expenses, wage loss, mileage to and from doctors, and replacement services (such as help cleaning the house) caused by injuries sustained in a motor vehicle accident.

These benefits, however, are limited. Income loss, for example, is paid at 85% of your gross wage, with a maximum of $250.00 per week. The total limits of coverage are $20,000 for medical expenses and mileage combined, and $20,000 for wages and replacement services combined. If you have "stacking" coverage, these limits may be higher.

If you have questions about what benefits may be provided and what may not, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

How do I start getting no-fault benefits?

You need to contact your insurance company and fill out an application for benefits. It is important to be clear as to the injuries you have sustained and how the accident occurred. Any time you are asked to fill out and/or sign a document relating to an accident, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

I wasn't driving my car at the time of the accident. Why does my insurance company need to get involved?

Each accident is different. Depending on the situation, the "priority" of coverage can change. In other words, the facts specific to your accident govern which insurance policy is responsible for paying your claims.

My insurance company has been paying my medical bills and lost wages, but just sent me a letter stating it wants me to see another doctor for a second opinion. What should I do?

An insurance company may send you to a doctor of its choosing for an evaluation. This is commonly referred to as an "adverse" exam or "independent medical exam." If the insurance company sets up an "adverse" exam for you, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

My insurance company just sent me a letter saying it wasn't going to pay for my medical bills anymore, but I am still hurt. What should I do?

You generally have a right to contest a discontinuance of benefits through arbitration or through District Court, depending on the situation. You should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

I was working at the time the accident happened. I thought that workers compensation pays for my medical bills and lost wages. Do I need to make a no-fault claim?

You should notify the no-fault insurer of the accident. Workers compensation is a "primary" method of recovery in an automobile accident of this nature, but it is not an "exclusive" remedy. In other words, workers compensation pays for all claims that could be paid by either no-fault insurance or workers compensation. However, there are some benefits available through no-fault insurance that are unavailable through workers compensation, such as replacement services, for which the no-fault insurer is responsible.

If you were working at the time of the accident, and are unsure what losses should be paid by no-fault insurance and what losses should be paid by workers compensation, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

I don't have automobile insurance of my own. Does that mean I can't make a claim for no-fault benefits?

Not necessarily. There are many situations in which a no-fault claim can be made to the insurance company of the vehicle you were driving, the vehicle in which you were a passenger, the vehicle that hit you (if you were a pedestrian or on a bicycle) or to the assigned claims plan. If you are unsure whether you are entitled to make a no-fault claim, but you have sustained injuries and/or lost wages due to a motor vehicle accident, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

What if I am from another state and I am involved in an accident in Minnesota?

Generally, you will be able to make a claim for Minnesota no-fault benefits, even if your insurance policy was written in a state that does not have no-fault insurance. If you are unsure whether you are entitled to make a no-fault claim, but you have sustained injuries and/or lost wages due to a motor vehicle accident, you should consider contacting an experienced attorney if you have not previously done so. An initial consultation with an attorney from the Law Office of Thomas B. Schway is free of charge and does not commit you to hiring an attorney.

What doctor should I see? Do I need to get a referral?

You do not need a referral. No-fault insurance is not health insurance. You can generally see any doctor you choose to help you recover from injuries sustained in a motor vehicle accident.

Is chiropractic treatment covered through no-fault insurance?

Yes. You can generally see any doctor you choose to help you recover from injuries sustained in a motor vehicle accident.

Contact Our Lawyers If You Were Hurt In A Car Accident

We offer all injury clients a complimentary consultation and handle all injury cases on a contingency fee basis. This means that we do not get paid unless you receive a settlement or a jury award. Call 888-556-8139 or contact us online today to make an appointment.