Legal Question in Insurance Law in Minnesota

concerning auto deer accident

i am just wondering i hit a deer about 3 weeks ago and am in alot of pain through the auto accident i am only getting up to 250$ a week and 85% of my wages i am in severe pain and i have a 8 month old son i need to know is there more money i can get from the ins company...i have been out of work for it will be a month and looks like i may need to have sugery i've got a herniated disk in my neck..


Asked on 2/05/02, 8:17 am

1 Answer from Attorneys

Jeffrey D. Thill Thill Law Firm, P.A.

Re: concerning auto deer accident

In Minnesota, your own No-Fault insurer will pay your reasonable,necessary and causally related medical bills and wage loss.

The standard limits in Minnesota are $20,000.00 for medical bills and an additional $20,000.00 for wage loss and some miscellaneous benefits.

There are optional coverages that may provide you with more benefits if you elected those at the time you signed up with your agent. Check with your agent to be sure. i.e. stacking or higher limits

Unfortunately, other than No-Fault benefits, i.e. wage loss, medical expenses, replacement services, etc., you wll not be able to get any type of liability settlement for your accident.

Liability is based on negligence. In your case, you hit a deer, not another driver. Thus, there is no basis for a negligence claim against another driver. Your own Uninsured Motorist and Underinsured Motorist coverages only apply if you are legally entitled to recover against somone else.

If you have surgery, you may be entitled to replacement services of up to $200.00 per week to have someone else perform duties around your house that you normlly would have done. This is in addition to the $250.00 from wage loss. It does, however, reduce the amount you will ultimately be able to take in wage loss because the replacement services money comes from the same $20,000.00 pot as the wage loss benefits.

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Answered on 2/05/02, 12:05 pm


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