As we’ve discussed at length on the blog, Minnesota is a No Fault state when it comes to car accidents, meaning you will seek compensation through your automobile insurance provider regardless of who was at fault for your accident. If someone rear ends you at a stoplight and you have some minor bumper damage, you’ll connect with your automobile insurance provider even if the other driver was clearly at fault.
However, if the accident is more serious and involves more extensive injuries or property damage, you are eligible to sue the other driver for compensation. In these situations, fault absolutely matters, and both sides will work to determine exactly how much each party is at fault for the accident, as this will factor into Minnesota’s modified comparative fault system. In today’s blog, we take a closer look at Minnesota’s modified comparative fault system as it pertains to your injury award.
How Modified Comparative Fault Works
In order to pursue an injury claim outside of Minnesota’s No Fault system, one of the following must be true about the accident:
- You incurred at least $4,000 of medical expenses; or
- The accident resulted in death, permanent disfigurement, permanent disability or disability that lasts for at least 60 days.
If one of those statements is true, you can connect with a personal injury lawyer and sue the other driver, so long as the other driver holds the majority of the fault for the accident. Minnesota’s modified comparative fault system states that a driver can only successfully bring a claim against another driver for the fallout of an accident if the other driver holds at least 50% of the fault for the crash.
In other words, both sides will make their case before a judge, who will then assign a fault rating to the involved parties. The other driver will need to be given the majority of the fault for the accident in order for you to be able to collect damages from their insurance company.
However, know that your compensation award will be impacted based on the fault rating you are given. Although the other party may hold the majority of the blame, if you also have some ownership in the accident, your compensation award will be reduced. Minnesota’s modified comparative fault law states that a person’s car accident claim against another driver will be modified based on the assigned fault ratings. It’s simpler to understand when we put some numbers into the equation.
Let’s say that you are suing for $20,000 worth of medical damages, and a judge assigns the other driver an 80% fault rating. That means you are entitled to 80% of $20,000. In this case, you would be awarded $16,000.
It’s not just enough to prove that the other driver holds the majority of the fault. Your attorney needs to make a strong case that showcases that the other driver should have a much higher fault rating while minimizing your role in the accident, because fault rating can seriously impact your take home amount. Let our attorneys build a strong case for you and ensure that fault is correctly assigned to your claim.
For more information about Minnesota’s modified comparative fault rating system, or for assistance with another type of injury claim, pick up the phone and contact the team at Hey Workers today at (844) 439-9675.
