The Threshold You Must Cross To Sue

Minnesota pays for initial car accident medical bills through your own insurance regardless of who caused the crash. But suing the at fault driver for pain and suffering requires clearing a specific legal threshold first, and many injured drivers do not realize how that threshold actually works.

Minnesota’s No Fault System Explained

Every Minnesota auto policy must include Personal Injury Protection coverage under Minnesota Statute 65B.44, providing up to $20,000 for medical expenses and $20,000 for lost wages and related costs, regardless of who caused the accident. This coverage pays quickly but limits access to a lawsuit against the at fault driver.

The Threshold That Opens The Door To A Lawsuit

To pursue a claim against an at fault driver for pain and suffering, an injured person generally must meet one of several thresholds under Minnesota Statute 65B.51, including reasonable medical expenses exceeding $4,000, a permanent injury, permanent disfigurement, disability lasting 60 days or more, or death.

Why The Medical Expense Threshold Comes Up So Often

The $4,000 medical expense threshold is often the most straightforward path to clearing this requirement, since it depends purely on documented treatment costs rather than a subjective medical determination. In many serious crashes, this figure gets reached before initial treatment is even finished.

What Counts Toward This Dollar Figure

The threshold counts reasonable medical expense benefits paid or payable, along with the value of nursing services provided by a relative, but generally excludes diagnostic X-rays used solely for evaluation purposes. Understanding exactly what counts helps clarify how close a claim actually is to clearing this threshold.

Why Insurers Frequently Dispute Whether This Threshold Is Met

Because crossing this threshold opens the door to a much larger category of damages, insurance companies often push back on whether specific treatment was truly necessary, particularly extended physical therapy or chiropractic care. Bennerotte & Associates, P.A. sees this dispute arise in nearly every case that sits close to the threshold. A close, well documented treatment history helps counter these disputes.

What Documentation Helps Establish The Threshold

Building a clear record of medical costs and injury severity matters from the earliest stages of treatment:

  • Itemized bills from every provider connected to the accident
  • A consistent treatment history without long unexplained gaps
  • Medical opinions describing any permanent injury or disfigurement
  • Records documenting any period of disability lasting 60 days or more

Applying This Threshold To An Apple Valley Claim

Because whether a claim can proceed past PIP benefits often comes down to a specific threshold, tracking medical costs and injury severity accurately from the start matters considerably. An Apple Valley personal injury lawyer can review treatment records early to determine whether the threshold has been met or is likely to be met as care continues.

Responding When An Insurer Disputes The Threshold

When an insurer argues that treatment was excessive specifically to keep a claim under the dollar threshold, pushing back requires solid documentation and often a treating physician’s own account. An Apple Valley personal injury lawyer can help gather that evidence and respond to an insurer’s attempt to minimize the claim.

A claim that looks minor at first can still open the door to full pain and suffering damages once the medical documentation is properly assembled and the threshold question gets a serious look. If you were hurt in a car accident in Apple Valley and are unsure whether your injuries meet this threshold, reach out to our office to go over your medical records and options.

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