What Happens When You’re Hit By An Uninsured Driver In Minnesota

Getting hit by someone who doesn’t have insurance? It’s more common than you’d think. At Bennerotte & Associates, P.A., we help people deal with these frustrating situations regularly. You’re not out of options, but you need to understand how the process works differently when there’s no insurance company to pursue.

Your Own Insurance Becomes The Priority

Minnesota requires all drivers to carry uninsured motorist coverage unless they specifically reject it in writing. Most people don’t even remember making this decision when they bought their policy. Check your declarations page right now. You probably have it.

Uninsured motorist coverage, often abbreviated as UM coverage, pays for your injuries when the at-fault driver has no insurance. It’s essentially protection you bought to cover someone else’s irresponsibility. Your own insurance company steps in and compensates you for medical bills, lost wages, pain and suffering, and other damages the uninsured driver should’ve paid.

The coverage limits vary based on what you purchased. If you have $100,000 in UM coverage, that’s the maximum your insurance will pay, regardless of how severe your injuries are.

Filing A Claim With Your Own Insurer

You’ll file a claim with your own insurance company, not the other driver’s. This feels backward to a lot of people. You’re thinking, “Why am I using my insurance when I didn’t cause the accident?”

That’s exactly what UM coverage is for.

Your insurer investigates the accident just like they would if you were filing against another company. They review police reports, examine photos, talk to witnesses, and evaluate your medical records. They need to confirm that the other driver was actually at fault and that their client, you, deserves compensation.

Don’t make the mistake of assuming your insurance company will be willing and ready to help either. Remember, they are a company at heart, and they want to look out for themselves. Give them any way to reduce your payout or doubt your claim, and they’ll try to outright reject your claim like any insurer would.

What If You Don’t Have Uninsured Motorist Coverage

Some people reject UM coverage to save money on premiums. If you’re one of them, your options get limited quickly.

You can still sue the uninsured driver personally. A St. Paul car accident lawyer can file a lawsuit and potentially obtain a judgment against them. But winning a judgment and actually collecting money are two very different things.

Most uninsured drivers don’t have assets to go after. They couldn’t afford insurance, so they probably don’t have substantial savings or property we can claim. You might win your case and still recover nothing. It’s a harsh reality, but it’s something you need to understand before investing time and money into litigation.

Underinsured Motorist Coverage Also Matters

What happens when the other driver has insurance, but not enough to cover your injuries? That’s where underinsured motorist coverage, or UIM, comes in.

Let’s say the at-fault driver has Minnesota’s minimum bodily injury coverage of $30,000. But your medical bills alone are $75,000, plus you lost six weeks of work, and you’re dealing with ongoing pain. The other driver’s $30,000 policy won’t cut it.

If you have UIM coverage, your own insurance pays the difference between what the other driver’s policy covers and what you actually need, up to your policy limits. You’d collect the $30,000 from the at-fault driver first, then your UIM coverage would kick in for the remaining amount.

Minnesota’s No-Fault System Adds Another Layer

Minnesota operates under a no-fault insurance system, which means your own Personal Injury Protection, or PIP, coverage pays for your initial medical bills and lost wages regardless of who caused the accident. This applies whether the other driver is insured, uninsured, or somewhere in between.

PIP benefits typically include:

• Medical expenses up to your policy limit
• Lost wages for time missed from work
• Replacement services for household tasks you can’t perform
• Funeral expenses in fatal accidents

These benefits don’t require proving fault. Your insurance pays them automatically. But PIP limits are usually modest, often just $20,000 to $40,000. Once you exhaust those benefits, you’ll need to pursue additional compensation through your UM coverage or a lawsuit.

Time Limits Still Apply

You might think you have all the time in the world to figure things out, but Minnesota law doesn’t work that way. The statute of limitations for car accident claims is six years from the date of the crash. That sounds like plenty of time, but insurance claims have their own deadlines spelled out in your policy.

Most insurance policies require you to report accidents and file UM claims within specific timeframes, sometimes as short as 30 days for certain notifications. Missing these deadlines can forfeit your right to benefits entirely.

Getting Help With Your Claim

Dealing with your own insurance company after getting hit by an uninsured driver creates an odd dynamic. You’re technically adversaries in the claims process, even though you pay them premiums every month. They have a financial incentive to pay you as little as possible.

A St. Paul car accident lawyer understands how UM claims work and what your policy actually covers. We know which documentation your insurer needs, how to value your injuries properly, and when settlement offers are unreasonably low. If you’ve been hit by an uninsured driver, contact our firm to discuss your specific situation and learn how to maximize your recovery under your own policy.