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The driver who hit me does not have insurance. Am I out of luck?

by May 6, 2019Car Accidents, DWI / DUI, Mike Miller, Minnesota Attorney, Personal Injury, Sam Edmunds

Underinsured & Uninsured Motorist Insurance Coverage

In Minnesota, failure to provide proof of insurance upon demand of a peace officer is a misdemeanor. Unfortunately, criminal penalties do not prevent people from driving without insurance. If you are found guilty of driving without insurance, you could face a fine, jail time, license revocation, and fees for reinstatement. A 2015 report by the Minnesota Department of Public Safety estimates that 10.8% of Minnesotans drive without insurance compared to the national average of 12.8%.

An accident involving someone who does not have insurance coverage can be incredibly stressful. Not only do you have pain to manage, you also need to figure out who will cover your medical expenses when the at-fault party does not have insurance. Another issue arises when they do have insurance coverage, but the policy limits are not high enough to cover your damages.

In these situations, you can look to your own insurance carrier for personal injury protection, commonly referred to as “no-fault” insurance, as well as uninsured or underinsured motorist coverage. Some people feel uneasy about filing a claim against their own insurance company when the accident is someone else’s fault. It is important to remember that you are paying for that coverage.

Personal Injury Protection (PIP)/”No-Fault” Coverage

Minnesota is one of several states that follow a “no-fault” car insurance system. With “no fault,” your own car insurance coverage (the “personal injury protection” or “PIP” coverage) pays a driver’s medical expenses and related losses after an accident, up to policy limits, regardless of who caused the crash.

Minnesota-issued policies require minimum PIP coverage of $20,000 for medical care and $20,000 for wage loss/replacement for each person involved in an accident.

What is Uninsured Motorist Coverage/Under-Insured Motorist Coverage (UM/UIM)?

Car insurance policies that are issued in Minnesota are also required to have uninsured and underinsured (UM/UIM) coverage included.

Uninsured (UM) coverage is meant to cover you when the at-fault party does not carry liability insurance. UM also covers scenarios involving hit-and-runs.

Underinsured (UIM) coverage is available when you are hit by someone who has inadequate coverage that will not be enough to compensate your actual damages.

Retaining an experienced attorney from Sieben Edmunds Miller PLLC will ensure that you get the appropriate handling of your No-Fault or UM/UIM claims. We can help you determine the correct source(s) of coverage in your auto accident claim. Your focus should be on healing from your injuries while we handle the paperwork and issues of liability.

Contact the attorneys at Sieben Edmunds Miller PLLC at 651-994-6744 for more information.

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