Car Accident Claims in Minnesota

A driver in a collision that causes bodily injury or death must, after stopping and giving information, notify police by the quickest means available: the local police department if inside a city, a State Patrol officer if on a trunk highway, or the county sheriff. Hitting an unattended vehicle or roadside fixtures also requires either leaving the information with the owner or reporting it to a peace officer (for fixtures, the report to an officer is required).

The former rule requiring drivers to file their own written crash report (subdivision 7) was repealed in 2021. Now the peace officer who investigates a reportable crash must submit an electronic or written report to the Commissioner of Public Safety within 10 days. Reportable crashes on public rights-of-way include those with a death, an injury treated with immediate medical care, a vehicle towed away because of disabling damage, or damage to roadside property or infrastructure.

A driver in any collision must stop at or near the scene and reasonably investigate what was struck. If the driver knows or has reason to know someone was hurt or killed, or an attended vehicle was damaged, the driver must stay and give name, date of birth, mailing or email address and plate number, show a license to an officer on request, and give reasonable help to anyone injured. Insurer and agent information must be given on request within 72 hours if not given at the scene. For an unattended vehicle, the driver must notify the owner, report to a peace officer, or leave a written note. Leaving a crash involving death can be a felony of up to 3 years and $5,000; great bodily harm, a felony of up to 2 years and $4,000; substantial or other bodily harm, up to 364 days and $3,000. Leaving after damaging an attended or unattended vehicle is a misdemeanor.

Minnesota is a no-fault state. Required residual liability coverage is at least $30,000 per person and $60,000 per accident for bodily injury and $10,000 for property damage. Basic economic loss (PIP) benefits must be at least $40,000 per person: $20,000 for medical expenses and $20,000 for income loss, replacement services, funeral and survivor's loss. A person may recover noneconomic damages in an auto case only if medical expenses exceed $4,000 or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more.

Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished.

Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.

Six years for taking, detaining or injuring personal property.