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Understanding The Difference Between No-Fault And Liability Cases
There are generally two ways to receive compensation after a motor vehicle accident: through a no-fault claim or through a liability claim against the responsible party.
In Minnesota, many auto accident cases involve no-fault claims. In these types of claims, your insurance company is supposed to compensate you for your medical costs and lost wages.
However, insurers often refuse to provide adequate compensation to their policyholders. In this situation, it may be possible for you to file a lawsuit against the negligent driver with the help of an attorney at Coodin & Overson, PLLP. We are a firm dedicated to helping injured people and their families get the compensation they deserve for the injuries and losses they have suffered in a motor vehicle accident.
Many people don’t understand how the Minnesota No-Fault Act applies to their case. Here is a brief summary of how no-fault works:
In order to claim no-fault benefits, there must be an accident causing an injury which results in a loss arising out of the maintenance or use of a motor vehicle, or an injury resulting from being hit as a pedestrian by a motor vehicle. Your no-fault coverage comes from your own insurance carrier and typically offers $20,000 in medical coverage and $20,000 in wage loss coverage.
We strongly recommend reviewing your insurance coverage to be sure of the amount. If your insurance company is denying your claim for no-fault benefits or has recently cut your benefits off, you should consult with a lawyer right away.
The other type of case arising out of the maintenance or use of a motor vehicle is a liability case, which is what most people think of when they think of a personal injury lawsuit. In order to bring a liability claim, the injured party generally must meet at least one of four requirements:
- 60 days of disability
- Scarring or disfigurement
- $4,000 in medical care (not including diagnostics)
- A permanent injury
If an injured party can meet one of the above four requirements, a claim can be made against the driver that caused the accident. Damages in these cases can include past and future pain and suffering, loss of earnings and earning capacity, loss of enjoyment of life, and other damages particular to your circumstances. In addition, the other driver must have been more at fault for the accident than you.
Get Answers To All Of Your Auto Accident Questions Today
If you have questions, know that Coodin & Overson, PLLP, is on your side. We will work energetically to help you get the medical care and compensation you need to rebuild your life.
For a free consultation, call 651-319-5180 or contact us online. Based in Lake Elmo, our firm represents clients throughout the Twin Cities. Since we take personal injury cases on a contingency basis, you only owe an attorney’s fee if we obtain compensation on your behalf.