Legal Question in Personal Injury in Minnesota

Typically, yes.

An auto insurance policy is in many ways a contract - you pay them $$$ to assess the risk you present, and they tell how much they'll charge to pay coverage up to a certain amount.

That "certain amount" is the Policy Limit.

Once that limit is paid out, the Insurance Company has met its contractual obligation to you - and are not required to pay out more on your behalf (leaving you liable for anything in excess of the policy limit).

There's a bit more to it than this (like under-insured motorist coverage that all Minnesota drivers are required to cover). I strongly suggest calling an attorney to learn more about this.

-Bryan Penney

Stein Law Office

651-777-2407

It depends which driver was more at fault, and how many insurance policies are available. If the driver (tortfeasor) who hit you is 50% or more at fault in causing the auto accident, then his coverage should pay that percentage of your damages. If your damages (discounted for any fault on your part) exceed the tortfeasor's policy limits, then you may be able to pursue under-insured coverage benefits against your own car insurance company. There are other issues such as Schmidt v. Clothier letters, no fault insurance, personal assets, umbrella coverage, and Minnesota's good faith law that should be considered in a policy limit case.

Chris Walsh, 612-333-1529