Wage loss and medical expenses are covered under the “no-fault” coverage portion of your auto insurance policy. No-fault coverage is usually tied to each person’s own coverage, but there are circumstances where the car you are in or a relative’s vehicle may be responsible for the coverage. An attorney is often in the best position to determine eligibility. This coverage is coined “no-fault” because no matter how the crash occurred, no matter who was at fault, your policy or the policy on the car you were in would be responsible for this type of coverage. Please note that your rates cannot go up, unless you were more than 50% at fault.

Once the coverage is determined, the same insurance company will pay both wage loss and medical expenses. The typical coverage is $20,000 for each, with wage losses being paid out at a rate of 85% of your weekly wage with a cap of $250 per week. There are exceptions when policies are “stacked” and our attorneys would verify if you are eligible for that premium option.

Most insurance companies do not want to discuss settlement until one year has passed from the date of collision. The lapse is to ensure that treatment is set and the injuries are clear. Our firm has settled cases as fast as one week (for serious injuries with limited insurance coverage) and have worked on cases as long as seven years with court cases and appeals. The average is one year with the attorney taking into consideration the client’s desires and special circumstances. It simply depends on the facts of the case.

All cases have a legal time limit to file a lawsuit. Most claims are settled without a judge. The attorney and insurance company agree on a fair value. If there are liability disputes or value disagreements, a lawsuit may be filed, with the client’s permission.

All attorneys need to recognize the legal time limits to settle or sue out a case. In Minnesota, the general Statute of Limitations (legal time limit) for a car crash is 6 years. As with many facets of the law, Statute of Limitations vary and it can be as short as 6 months to bring a claim. To make matters more complicated, some cases have different claims, each with a different time limit. Please call our firm now to discuss your case if you feel the Statute is even remotely close to passing.

Remember, if your claim is not legally started within the time limit, it will be barred forever, no matter how meritorious the claim may be. Minnesota law is different from other states in a simple notice to the at fault party DOES NOT stop the running of the Statute. Our attorneys will properly start a claim and ensure the Statute does not run out.

Subrogation usually relates to a health insurance plan seeking to be reimbursed from a settlement or jury verdict for the money they have already spent. The law varies depending on whether your health insurance is private or controlled by ERISA. Our lawyers will review your policy and minimize the amount repaid from your settlement.

The best way for us to answer that question is to talk directly to you about your case. We will give you a free evaluation and walk you through the entire process. One of our attorneys will also meet with you in person to help get a case started. Submit our free consultation form or call 612-362-0000.

This fact would be investigated by our firm. The driver may not have insurance, but the owner may. If no one has insurance coverage, you are eligible to receive compensation for your injures with an uninsured motorist claim under your own insurance. This coverage is much like the “no-fault” coverages. Uninsured coverage is something you already pay for with your premiums and is mandatory in Minnesota. Using the uninsured coverage will not raise your premiums.

If you did not obtain auto insurance on your own vehicle, our attorneys may be able to find other sources of coverage. You may be eligible for assigned claims, which is sponsored by the State of Minnesota. Assigned claims has specific eligibility requirements that our lawyers can best explain over the phone or in person.

If you own a car or live with a relative who owns a car without insurance, you are not eligible for assigned claims. Instead you will have to wait until your cases is settled or won at trial to force the at fault party to pay. There was controversy in this area until the Munoz case, won by Steven Terry at the Court of Appeals, clarified that the at fault party is ultimately responsible for all unpaid bills and wage loss, even if the injured party broke the law by not having auto insurance. We will gladly provide a copy of the Munoz case to you if you email us.

The minimum policy limit for an at fault party is $30,000 in Minnesota. Policies tend to be around $50,000 to $100,000 per person. Our firm will check to verify the true coverage. We will also investigate the possibility of an umbrella policy; they can total millions of dollars in coverage.

If your case has more value than the insurance policy has available, you can make an underinsured claim against either the insurance on the car you were in or your own policy. Our attorneys will determine which policy would apply and give you legal advice as to whether you have an underinsured claim.

Under the no-fault statute and the contract you have with your insurance company, they may have the right to ask you to see one of their doctors. Depending on whether your bills and wage loss are paid up to date, you have to cooperate in their efforts to examine you. Our firm provides a multi-page document that fully explains the exam. We also make sure to meet or speak with each client before they see the insurance doctor in order to answer questions or explain further what to expect.

The usual end result of the exam is a suspension of no-fault benefits. Our firm will file an arbitration to win your unpaid medical bills and wage loss and reinstate your benefits. We truly believe you should receive all $20,000 of wage and medical bill benefit if your treatment is reasonable and related to the crash. We normally do not charge extra for this litigation, but try to work with your doctors to ensure our extra time and costs are covered.

Replacement service reimbursement is also available under the “no-fault” laws. After seven days, $200.00 is allotted for reimbursement of home and yard services. An example of this service is if you paid $40.00 to have your grass cut and were unable to do it yourself due to injuries, the $40.00 would be reimbursed to you. “Primary homemakers” get special treatment in that they do not need to actually incur a cost to be reimbursed. The definition of a primary homemaker is complicated and based on several appellate cases. Our attorney can determine eligibility for this added level of coverage.

Everyone can afford the best legal representation with our firm. Unlike criminal attorneys or corporate firms, our firm charges a flat percentage fee based on recovery. There is never any up front costs or fees. We earn a living only if you win. In addition, our firm does not charge interest on expenses paid and we do not charge our clients any fees or expenses if they lose their case. Other firms do waive their fee in a loss, but they want their expenses back. Beware.

Drunk drivers are charged criminally for their actions. However, this does not mean that there cannot be a civil case against them as well. Unfortunately, the criminal case will not help the injured party. A civil case, however, may be able to help you recover medical bills, lost wages, and compensation for your pain and suffering from the drunk driver responsible for your injuries. Contact Minneapolis car accident lawyer Terry, Slane & Ruohonen for more information on your rights.