In 1974 the Minnesota Legislature passed the Minnesota No-Fault Automobile
Insurance Act, which went into effect on January 1, 1975.
This means every personal injury claim in the state of Minnesota has two parts: (1) No-Fault part; and
(2) At-Fault part.
NOTE: If you are injured while driving or riding in a motor vehicle while you are on the job (i.e. in the course and scope of any employment), your claim has three parts!!! You have rights under the Minnesota Workers Compensation law in addition to your rights under the No Fault law and your rights to make a claim against the “At Fault” driver.
The No-Fault part of a Minnesota personal injury claim involves collecting benefits provided under your No-Fault insurance policy.
Do you have No-Fault insurance?
Under Minnesota law, No-Fault insurance coverage is mandatory and must be, by law, included in every automobile insurance policy.
Generally, a person injured in a motor vehicle collision, whether as a driver, passenger or pedestrian, has the right to No-Fault benefits. However, the law is somewhat complicated as to which insurance policy is required to provide the No Fault insurance coverage. The advice of an attorney may be necessary to resolve that issue.
A. Rights Under Your Own Car Insurance Policy: In the large majority of cases, the injured person will have the right to collect No Fault benefits from their
own car insurance policy. Accordingly, if you have car insurance (or live in the household of a relative who has car insurance), then you have No-Fault insurance coverage.
B. Rights Under the Car Insurance Policy on the Car in Which You Were
Riding: Even if you don’t have your own car insurance but are injured while
riding in a car that does have insurance, you can collect No-Fault benefits from the insurance policy on the car in which you were riding.
C. Rights When Riding in a Bus/Taxi Cab: If you were injured while riding in a vehicle “used in the business of transporting persons or property” (i.e. a bus or taxi cab), you must seek No Fault benefits from the insurance covering that
D. Right When Injured as a Pedestrian: Persons injured as a pedestrian or bicycle rider have the right to collect No Fault benefits from the insurance policy on the car that was involved in the accident and, if none, then from their own policy if they have one.
E. Rights If You Don’t Have Insurance: Even if you didn’t have car insurance and the car in which you were riding didn’t have insurance, you still might be able to collect from the Minnesota Assigned Risk program. If you don’t have car insurance and are driving illegally, then you may not have the right to collect No-Fault insurance benefits.
(You should consult with an attorney about how to apply for Assigned Risk coverage.)