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Understanding the Process to File a Car Accident Claim in St. Cloud

Understanding the Process to File a Car Accident Claim in St. Cloud

Most activities we engage in carry some level of risk.  When we use cars and autos as our main mode of transportation, one of the main risks it carries is being involved in a car crash.  Car accidents are an unfortunate reality for many drivers in St. Cloud, and the aftermath of an accident can feel overwhelming, especially when navigating the claims process.

Understanding the steps involved can help you secure fair compensation and make the journey less stressful. Whether dealing with property damage, medical expenses, or other losses, having the right guidance from a qualified car accident attorney in St. Cloud can make all the difference.

Assessing the Scene and Gathering Evidence

The first moments after a car accident are crucial. If you’re physically able, assess the scene and gather as much information as possible. This includes taking photos of the vehicles and the area where the crash occurred, any visible injuries, road conditions, and nearby traffic signs.

Minnesota law requires drivers to exchange insurance and contact information after an accident (Minn. Stat. § 169.09). Failing to do so could result in legal penalties.  It is important that you carry your driver’s license and insurance card with you when you are driving.

Documenting witness accounts is also important, as their statements could prove invaluable in supporting your claim.  Gather their names and contact information. Look to see if there are any traffic or security cameras in the area that may have captured the collision.

Minnesota law mandates contacting law enforcement if the accident involves injuries, fatalities, or significant property damage. The police reports they generate can serve as key evidence when pursuing compensation.

Filing a No-Fault Insurance Claim

Minnesota is a no-fault state for car accidents, meaning your insurance company will cover a certain amount in medical expenses and lost wages regardless of who caused the accident.

This is made possible through Personal Injury Protection (PIP) coverage, which is required under Minnesota law (Minn. Stat. § 65B.44). The minimum PIP coverage includes:

  • $20,000 for medical expenses
  • $20,000 for lost wages and replacement services

While PIP helps cover immediate costs, it doesn’t account for non-economic damages such as pain and suffering.  This is where a second potential claim may come into play.  If another driver caused the accident, and you have met one of Minnesota’s required statutory thresholds, you may be able to pursue a personal injury claim against the at fault driver and their insurance company. These thresholds include if there has been a death resulting from the accident, if you have 60-days or more of disability, if you have a scar or disfigurement, if you have greater than $4,000 in medical expenses, or if you have sustained a permanent injury. Pursuing legal action with the assistance of a St. Cloud motor vehicle accident attorney may be necessary for these claims.

Determining Fault and Liability

If your damages exceed the limits of your PIP coverage or involve significant non-economic losses, you may need to file a claim against the at-fault driver. Minnesota operates under a comparative fault system (Minn. Stat. § 604.01), which means you can recover damages if you are l50% or less responsible for the accident. However, your compensation will be reduced by the percentage of your fault.

For example, if you are found 20% at fault for the accident and are awarded $100,000 in damages, your recovery will be reduced to $80,000. An experienced auto collision attorney in St. Cloud can help establish liability and hold the at-fault party accountable.

Initiating the Claims Process

After an accident, notifying the insurance company or companies begins the process of filing a car accident claim. Minnesota law requires timely reporting, though the specific deadline may vary depending on the specifics of the particular insurance policy. Provide accurate accident details but avoid admitting fault, as insurance adjusters often use such statements to reduce payouts.  While you typically have to cooperate with your insurance company, you may have no such obligation to the other driver’s insurance company.

The insurance companies will investigate the claim, reviewing police reports, medical records, and other evidence.  Sometimes, insurance companies may dispute liability, or refuse to pay out certain benefits.  If this happens, a St. Cloud, MN, car crash lawyer can negotiate on your behalf or file a lawsuit if necessary.

Filing a Lawsuit for Compensation

If settlement negotiations fail with the at-fault driver’s insurance company, taking the case to court may be the next step. Minnesota law allows victims who are pursuing a car accident claim based on negligence six years to file a personal injury lawsuit for car accident claims (Minn. Stat. § 541.05). However, car crash cases involving wrongful death have a three-year statute of limitations (Minn. Stat. § 573.02).

In a lawsuit, proving fault on the other party typically involves proving four elements:

  1. Duty of Care: The at-fault party owed a duty to operate their vehicle responsibly.
  2. Breach of Duty: They failed to meet this obligation.
  3. Causation: Their actions directly caused your injuries or damages.
  4. Damages: You suffered measurable losses as a result.

A skilled accident lawyer in St. Cloud can gather evidence, interview witnesses, and present a compelling case to maximize your compensation.

Understanding Common Car Accident Statistics

Car accidents remain a significant concern across Minnesota. In 2021, the Minnesota Department of Public Safety reported over 58,000 crashes statewide, resulting in nearly 20,000 injuries and 488 fatalities. Distracted driving, speeding, and alcohol use were among the leading causes.

In St. Cloud specifically, busy intersections like Division Street, Highway 10, and Highway 15 are common hotspots for collisions. Understanding these risks underscores the importance of having a qualified St. Cloud motor vehicle accident attorney on your side if an accident occurs.

Why Legal Representation Matters

Navigating the complexities of a car accident claim requires in-depth knowledge of Minnesota’s legal landscape. From negotiating with insurance companies to presenting a strong case in court, an experienced St. Cloud, MN, car crash lawyer can provide invaluable support.

They understand the tactics insurers use to minimize payouts and can advocate for the full compensation you deserve.

Understanding the Car Accident Claim Process

Filing a car accident claim in St. Cloud may seem daunting, but understanding the process can alleviate stress. Each step is critical in securing fair compensation, from gathering evidence at the scene to navigating Minnesota’s no-fault insurance laws.

By working with the attorneys at Nelson Personal Injury in St. Cloud, you can focus on your recovery while they handle the legal complexities. If you’ve been involved in an accident, don’t wait—reach out to an experienced attorney today to protect your rights and secure the compensation you deserve.

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