Car accidents are traumatic, and the rules that govern car accident claims in this state are confusing. If you are unfamiliar with the law, you could receive less than you deserve from your insurance company and others.
You can give yourself peace of mind and ensure that you receive appropriate compensation by calling a Bloomington car accident lawyer immediately after a wreck. With a knowledgeable personal injury attorney handling communication with the insurance company, you will likely receive a more reasonable settlement.
What To Do After a Crash
The moments after a wreck are usually chaotic and confusing. Anyone who is not badly hurt should immediately check on others. The police should be called to any car accident in which someone sustains an injury, even if the injury seems minor.
It is always wise to seek medical attention as soon as possible after an accident, even if no injuries are apparent. Some common vehicle accident injuries do not produce symptoms until hours or days later. Seeking treatment immediately lessens the possibility of aggravating the injury and generates a medical record that the injured person could use to support an insurance claim.
Anyone involved in a vehicle wreck should get in touch with a Bloomington accident attorney as quickly as possible. They could manage communication with the insurance company and guide the injured party through the compensation process.
How to File a Claim
This state has a “no-fault” system, meaning each driver involved in an accident makes a claim with their insurer, no matter which driver was at fault. The insurer must pay the injured party’s medical bills and other injury-related losses up to the policy limits of the insured. The minimum personal injury protection (PIP) coverage is $20,000 for medical expenses and $20,000 for lost wages and other expenses, though drivers have the option to buy policies with higher limits.
Insureds must file no-fault insurance claims within six months of the accident. However, an insurance company could approach an insured party soon after an accident to offer them a settlement. These payments often do not reflect actual losses, and they require the insured to sign away their rights to pursue a claim. Anyone injured in a car accident should consult with a Bloomington attorney before considering any settlement offer.
Anyone who incurred at least $4000 in medical expenses after an accident, was disabled for at least 60 days, or suffered permanent injuries or disfigurement can go outside the no-fault system to seek compensation. They could file a claim with the at-fault driver’s insurance company for the amount that their PIP did not cover. They also have the option to bring a personal injury lawsuit against the at-fault driver.
Seeking Damages in Court
When an injured person seeks damages in court after a car accident, they must prove that the at-fault driver’s negligence led to their injuries. A Bloomington claimant’s attorney could provide police reports, photographs of the scene, witness statements, and other evidence to prove a driver was negligent and that their negligence led to the car accident.
A negligent driver is responsible for paying all the expenses that the injured party’s PIP did not cover. In addition, the negligent driver is liable for any future medical costs related to the accident and any injury-related reduction of their earning capacity. They also must compensate the injured party’s pain, emotional suffering, disfigurement, disability, and other adverse subjective consequences of the injury.
If the injured party bore some blame for the crash, Minnesota Statute §604.01 allows them to collect reduced damages if they were not primarily responsible. The court will reduce a negligent claimant’s damages by a percentage equal to their share of the fault.
Trust a Bloomington Car Accident Attorney to Handle Your Claim
The rules around claiming compensation for car accident injuries are complicated, and insurance companies do not hesitate to take advantage of someone who is unfamiliar with their legal rights. Having a knowledgeable professional by your side could make a big difference in your settlement.
Reach out to a Bloomington car accident lawyer as soon as possible after your accident. With the help of a capable advocate, you could get all the compensation you deserve.