Legal Question in Personal Injury in Minnesota

Near collision with grocery store van

Am receiving auto disability due to 1 vehicle car acc. from own ins. company. Had near collision with van driver has admitted fault store replaced groceries that were damaged, offered to have car looked at. I reinjured myself due to spouse needing to react within 3 car lenghts going 45mph. There was no direct collision. Do I have any legal rights against grocery store? Or do I have to continue using my personal injury ins?


Asked on 8/17/02, 12:32 pm

1 Answer from Attorneys

Todd Johnson Johnson & Bannon

Re: Near collision with grocery store van

The facts of your accident are not clear to me from the information you have provided. However, I can generally answer your question considering a normal accident in Minnesota and hopefully that will answer your quesiton.

If there is any kine of car accident, regardless of who was at fault, your own insurance company pays for your medical expenses and wage loss up to $20,000 for each. This is called no-fault or PIP benefits. This sounds like what you are getting for benefits now. If you can show that the driver of the other vehicle or some other party if it is a one car accident was more at fault than you then you may be able to sue that person for pain and suffering plus any medical expenses or wage loss not otherwise covered.

To be able to sue, however, Minnesota has another requirement. You must meet a threshhold related to this accident. The most common threshholds are a permanent injury, more than $4,000 in medical expenses, a disability for 60 days or more or serious permanent scarring. You may not know at this time whether you meet any of these threshholds because the accident may have not happened that long ago. But at some point, you must meet one of the theshholds.

A physical collision is not necessary to have a claim. Only that thatsome else did something wrong that caused an injury to you.

Hope this helps. If you have further questions or want a more specific response based on your facts you may e-mail me at [email protected]. At this time my office is not representing you. You should be aware that there are lmits on how much time you have to sue someone for such an injury. You should actually speak with an attorney soon.

Good luck.

Read more
Answered on 8/18/02, 8:48 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Minnesota