Hurt as a Passenger in a Minnesota Car Crash? We Act Fast

Passenger Rights After a Minnesota Crash

Passengers are typically not assigned fault for a collision, though Minnesota uses comparative fault rules when evidence shows someone contributed to their own harm (Minn. Stat. § 604.01). Injured passengers may bring negligence claims against an at-fault driver, which can include the driver of the vehicle they occupied and/or other motorists. Noneconomic damages (like pain and suffering) require meeting Minnesota’s no-fault thresholds (Minn. Stat. § 65B.51, subd. 3).

How No-Fault (PIP) Works for Passengers

Minnesota’s No-Fault Automobile Insurance Act provides basic economic loss benefits (PIP) without having to prove fault. These typically include up to $20,000 for medical expenses and up to $20,000 for wage loss/replacement services (Minn. Stat. § 65B.44). For an injured occupant, the policy on the vehicle you were riding in is generally first in priority; if no coverage applies, other policies (such as your own or a resident relative’s) or the Assigned Claims Plan may respond (Minn. Stat. § 65B.47; Minn. Stat. § 65B.64). PIP benefits are primary and do not bar additional liability claims where legally permitted, including when thresholds are met for noneconomic damages (Minn. Stat. § 65B.51).

Liability Claims Against At-Fault Drivers

If a driver’s negligence caused or contributed to the crash, you may pursue a bodily injury claim. Minnesota allocates fault among negligent parties, but passengers generally are not assigned comparative fault unless their conduct contributed to the harm (Minn. Stat. § 604.01). When Minnesota’s thresholds are met, recovery can include damages for medical expenses beyond PIP, wage loss, and noneconomic losses such as pain and suffering (Minn. Stat. § 65B.51, subd. 3).

UM/UIM Coverage for Passengers

When an at-fault driver has no insurance or too little insurance, uninsured motorist (UM) or underinsured motorist (UIM) coverage may help. Depending on the facts and policy language, benefits may be available under your own policy, a resident relative’s policy, or the policy on the occupied vehicle. Minnesota law requires UM/UIM coverage and limits stacking unless specifically elected and paid for in the policy (Minn. Stat. § 65B.49, subd. 3a).

What To Do Right Away

• Get medical care and follow treatment recommendations.
• Report the crash and request the official crash report if applicable (see Minnesota DPS Crash Records: link).
• Preserve evidence: photos, witness names, driver and insurance info, and medical records.
• Avoid broad statements to insurers and do not sign releases without legal advice.
• Consult counsel early so evidence and coverage issues are addressed promptly.

Common Issues We Solve Quickly

• Determining which no-fault policy is primary for a passenger.
• Coordinating PIP with health insurance and resolving liens.
• Identifying all potentially liable drivers and insurers.
• Evaluating whether thresholds are met for additional claims.
• Pursuing UM/UIM when liability limits are insufficient.
• Preserving vehicle data, dash cam footage, and surveillance promptly.

Deadlines and Why Acting Fast Matters

No-fault claims have notice and proof-of-loss requirements; Minnesota law generally requires notice of a PIP claim within six months of the accident unless there is a reasonable excuse (Minn. Stat. § 65B.55, subd. 1). Injury lawsuits based on negligence are typically subject to a six-year limitations period (Minn. Stat. § 541.05, subd. 1(5)), while wrongful death has shorter timelines (Minn. Stat. § 573.02). UM/UIM claims are contractual and often accrue when the insurer denies benefits, not on the accident date (Oanes v. Allstate Ins. Co., 617 N.W.2d 401 (Minn. 2000)). Policies may also impose prompt notice and other conditions, so do not delay.

How Our Firm Moves Quickly for Passengers

• Immediate claim setup and benefits coordination.
• Rapid evidence preservation and liability investigation.
• Policy and coverage mapping across all involved insurers.
• Timely notices to satisfy contractual requirements.
• Strategic pursuit of settlement while preparing for litigation if needed.

What Your Compensation May Include

Depending on your claims, recoverable losses can include PIP benefits for medical expenses and wage loss (Minn. Stat. § 65B.44) and, when legally available, additional damages such as medical expenses beyond PIP, lost income, and noneconomic losses if thresholds are met (Minn. Stat. § 65B.51). Availability and amounts depend on fault, coverage limits, injury severity, and statutory thresholds.

FAQ

Can I make a claim against the driver of the car I was in?

Yes, if that driver’s negligence contributed to the crash. Your PIP pays first; liability claims may cover additional losses when thresholds are met.

What if the at-fault driver has no insurance?

UM coverage may apply under the occupied vehicle’s policy, your policy, or a resident relative’s policy, depending on priority and policy language.

Will my health insurance still be used?

PIP is primary in Minnesota, but health insurance may coordinate after PIP or for services not covered by PIP, subject to lien and coordination rules.

How long do I have to start a case?

Many negligence claims have a six-year statute of limitations, but PIP and UM/UIM claims have separate notice and contractual deadlines. Act promptly.

Free Consultation for Injured Passengers

If you were hurt as a passenger in Minnesota, we can evaluate your coverage, coordinate no-fault benefits, and pursue all available claims. Contact us now for a free consultation.