I Hit a Car, but They Were Texting and Driving. Who is to Blame?

lady with head on steering wheel

When moving or receiving your first driver's license, it's important that you become familiar with your state's fault laws. You want to make sure that if you are ever involved in a motor vehicle accident, you have the proper coverage and protection you need. In Minnesota, your car insurance is required to pay for losses after an accident, regardless of who caused the collision. This means it is considered to be a "no-fault" car insurance state. As a driver in Minnesota is it important to understand how these car insurance rules work after an accident.

What is a "No-Fault" State

Many states across the country follow some form of a "no-fault" car insurance system. In this, your personal insurance (also known as "personal injury protection") pays for any out-of-pocket costs caused by an accident. If the losses from the accident exceed the limits of your car insurance policy, you may be held responsible for paying the remainder of the costs. The state of Minnesota requires anyone who has a vehicle registered/licensed in Minnesota or anyone who has a vehicle primarily garaged in Minnesota to carry a PIP. A personal injury protection claim must be filed within the first six months of the accident. When filing a claim, you must provide proof of expenses, complete an application to receive benefits, and do a medical exam if requested.

“At-Fault” States

Other states that don't operate under the same no-fault state laws are considered to be "At-Fault" states. Under these laws, the driver that caused the accident is liable for the accident. This means the driver (or their insurance company) is responsible for the cost of the accident. The insurance companies involved will usually determine who is at fault because they have a complex system to determine the responsibility.

Personal Injury Protection

After being involved in a car accident, your personal injury protection will cover:

  • Lost wages
  • Medical bills
  • Replacement services
  • Funeral expenses of up to 2,000 if the accident resulted in a fatality

Your PIP doesn't cover just the policyholder, it also offers coverage to:

  • Spouses and children
  • Any uninsured relative living in the same household
  • Anyone who is uninsured and has permission to use the policyholder's car

Keep in mind that you are not eligible to receive compensation for "pain and suffering" or other non-monetary damages caused by an accident with a no-fault claim.

Contact a Lawyer

If you are involved in a distracted driving-related accident, it's important to consider contacting a skilled professional to discuss the details of your case. Working with a lawyer could be beneficial to understanding your rights and the claim process. When attempting to handle legal matters without the assistance of an attorney can be a challenging task. One misstep could result in a late or reduced payout. The service of a lawyer can help you gather information, understand how to deal with law enforcement, and more. They are very familiar with the claim process, so they are a great resource for any questions or concerns you may have. Here at Butwinick Injury Law, we are dedicated to giving you the service quality you deserve. With extensive years of experience, we have what it takes to fight for your rights. Let us be your voice.

You don't have to do this alone. Contact the skilled team at Butwinick Injury Law today to discuss the details of your case by calling (855) 812-3110 or by filling out the online contact form.