Legal Question in Personal Injury in Minnesota

Re: when to sue the other party

I am not sure I understand your question. If the car accident happened in Minnesota you normally have 6 years to bring a claim. To bring a claim you would need to show that you meet what is known as a threshhold. There are various thresh holds including having a permanent injury, having more than 4,000 medical expenses, having a disability for 60 days or more or having a significant scar.

You say you are in a state that has 0 fault law. If you mean no fault, it does not mean you can't bring a claim. Rather under no fault, which Minnesota has, your own car insurance company pays for medical bills and wage loss related to the car accident regardless of who was at fault. You still have a claim against the other driver for pain and suffering and any medical expenses or wage loss not paid by no fault. Again, however, you would need to meet a thresh hold.

If you have further questions, you may e-mail me directly at [email protected] or call 1-800-235-7600.

You should be aware that at this time my office does not represent you on any matter. Also, because there can be different limits on the time to sue depending on the facts, I would urge you to talk to an attorney who handles such matters as soon as possible. Most attorneys handling cases like this give a free consultation.

Good luck.

Re: when to sue the other party

It appears that you are confusing No-Fault insurance with a liability claim. f you are insured under a Minnesota auto insurance policy, your own insurance (which is called No-Fault Insurance) covers your medical expenses, wage loss, replacement services, and other losses. However, provided you meet a tort threshold, you would also have a claim against the at-fault driver (who is represented by his insurance company). If you are interested, I can send you a brochure explaining the No-Fault act if you wish. Also, if you have additional questions, please feel free to contact me at the following:

Donald Kohler

3500 Willow Lake Blvd. #800

White Bear Lake, MN 55110

(651) 426-1869

[email protected]

Re: when to sue the other party

You'd need more info - was the accident in Minnesota? If so, the $4000

threshhold/permanent injury/60 days of disability applies. Once met, this

questioner can sue the other driver...until then, his own policy pays wage

loss/meds up to the limit of No Fault he carries. If not in Minnesota,

the

guy will have to sue in the state where the accident happened/other driver

resides....I'm assuming the "0 fault" means "No Fault"...doesn't mean you

can't sue if you have no fault (!?) IF this questioner is a Mn resident,

he

can collect the PIPs (No Fault wage loss, meds) even if the accident

occurred in another state. His UM/UIM coverage also still applies. R