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FAQ's on Auto Accident & Handling of
Minor Car Accident Claims
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What if I did not have insurance on my car?
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Who pays minor medical bills?
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What if I was driving someone else's car?
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Can I be compensated for the pain of a minor
injury?
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How does "NO-FAULT" insurance work?
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What if I did not have insurance on my car?
It is against
the law to operate a car in Minnesota, North Dakota and Wisconsin without
insurance, but a lack of insurance will not prevent you from collecting damages
from the at-fault driver's insurance company. You will not,
however, be able to collect your no-fault benefits in Minnesota and North Dakota
if you were driving your own-uninsured car.
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Who pays
minor medical bills?
In
Minnesota and North Dakota, your medical bills, wage loss and replacement
services expenses will be paid under the no-fault insurance system (see the
description of no-fault insurance below). In Wisconsin,
most car insurance policies have a medical payment clause, which pays your
medical bills up to the amount stated in the policy, usually $5,000, or less.
Wearing a seatbelt will often double the medical payment coverage.
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What if I was driving someone else's car?
As long as you
had permission to drive, the insurance on the car covers your liability. If the
car was uninsured, your car insurance will cover your liability. If you were
hurt, your Minnesota no-fault insurance will pay medical and other benefits
regardless where the accident occurred.
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Can I be compensated for the pain of a minor injury?
In Minnesota
and North Dakota, you can bring a claim for pain and suffering against the other
driver only if you are injured and you meet one of the thresholds described in
the no-fault section below. In Wisconsin, however, no thresholds apply. If you
have even a slight injury caused by another driver (a small bruise, for
example), you are theoretically entitled to compensation for any pain that you
have suffered. Common sense will tell you whether a claim is so minor it is not
worth pursuing.
Generally
speaking, any claim involving bodily injury should be reviewed by an experienced
personal injury lawyer. There are no tables or charts that can be consulted to
determine appropriate compensation for pain and suffering, and only past local
experience in handling this kind of case will give you a ballpark idea of the
appropriate amount for fair compensation.
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How does "NO-FAULT" insurance work?
Many people misunderstand no-fault law.
"No-fault" auto
insurance applies only to personal injuries. It does not apply to
physical damage to your vehicle. It is designed to make your own insurance company pay your
medical expenses, lost income, and value of replacement services that others
must do for you because of your injury. These expenses are paid regardless of
who was at fault in causing the car accident.
No-fault
insurance is required by law on all cars driven principally in Minnesota and
North Dakota, but it is not required, or even available, in Wisconsin. The advantage
of having no-fault insurance is that medical bills, wage loss and replacement
services can be paid to you within 30 days of the claim, without waiting to
settle your case against the other driver. The
disadvantage of no-fault insurance is that under the Minnesota no-fault law, you
cannot make a claim against the other driver for your pain, distress or
disability unless you have met one or more of the following no-fault "tort
thresholds":
- Permanent injury or
disfigurement;
- 60 days or more of
disability;
- Medical bills of $4,000.00
or more, or
- Death.
In North Dakota the thresholds are as follows:
- Serious and permanent
disfigurement;
- 60 days or more of
disability;
- Dismemberment;
- Medical bills in excess of
$2,500, or,
- Death.
If you will meet one of these
thresholds, you do not have a "minor" claim and you should contact an attorney
immediately.
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