Minnesota No-Fault Law
Minnesota No-fault Law is the law addressing the immediate economic consequences of being a victim of a car accident resulting in personal injuries. The purpose of the law is set forth first and foremost at the very beginning of this body of law and it reads as follows:
The detrimental impact of automobile accidents on uncompensated injured person, upon the orderly and efficient administration of justice in this state, and in various other ways requires that sections 65B.41 to 65B.71 be adopted to effect the following purposes:
(1) To relieve the severe economic distress of uncompensated victims of automobile accidents within this state by requiring automobile insurers to offer and automobile owners to maintain automobile insurance policies or other pledges of indemnity which will provide prompt payment of specified basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident.
The essence of the law requires that a person’s own insurance company provide them with coverage for their immediate economic needs, regardless of who was at fault for the accident. The following is a brief summary of mandatory no-fault benefits:
1. Income loss (wage loss) benefits.
If an individual is disabled as a result of their auto-related injuries, and, this results in a loss of earnings, the individual is entitled to wage loss benefits. Wage loss benefits are payable at the rate of 85% of the injured persons lost gross income. However, there is a limit, and the law caps the maximum wage loss benefits payable at the amount of $250/week.
2. Medical expense benefits.
If an individual is injured in a car accident requiring medical care and attention, the person has medical expense coverage up to a maximum of $20,000. This includes reimbursement for all reasonable medical expenses including, but not limited to medical, surgical, x-rays, optical, dental, chiropractic, medication, ambulance, and the like. A person has the right to choose the physician or clinic providing their care.
3. Replacement service benefits.
In the event a person is injured during the course of an automobile accident such that they are not able to perform the usual and customary activities and duties normally required to maintain a household (i.e. shoveling snow, cutting grass, etc.), they are entitled to be reimbursed for the cost of obtaining substitute services to perform these duties. Pursuant to the law, these benefits are subject to a maximum weekly amount payable of $200.
4. Funeral and burial expenses.
Funeral and burial benefits shall be for the reasonable expenses associated therewith not to exceed $2,000.
5. Rehabilitation/occupational training expenses.
An injured person has the right of reimbursement by their automobile insurance carrier for rehabilitative occupational training. There are certain notice requirements that must be complied with, and therefore, prior to pursuing these benefits it is recommended that you consult with an attorney at Malzahn Law, LTD.
OTHER PRACTICE AREAS
FREE CASE CONSULTATION
Our law firm represents clients throughout Minnesota. If you or someone you know has been seriously injured or killed, contact Mark Malzahn today for a free case consultation. With offices in Anoka and Elk River, we have a location near you. Call our Anoka office at (763) 421-2160 or our Elk River office at (763) 441-4040 and speak to attorney Mark Malzahn.