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What are the minimum limits of liability for bodily injury (per person/per occurrence)?
$30,000 for bodily injury to any one person, and $60,000 for bodily injury to two or more persons from any one accident.
What are the minimum limits of liability for property damage?
The minimum coverage required is $10,000 for “injury to or destruction” of property that occurs in any one accident.
What are the tort thresholds?
If the Plaintiff can meet one of the thresholds, he/she has a right to bring a claim against the party who caused their injuries in the motor vehicle accident.
1.) Permanent Injury or Disfigurement
Permanent injury=injury in which it is reasonably certain person will not fully recover.
Disfigurement=appearance of person is impaired or injured.
2.) $4,000 in medical expenses excluding diagnostic x-rays
3.) 60 days of disability. Lindner v. Lund, 352 N.W.2d 68 (Minn. Ct. App. 1984) (the 60 day requirement is cumulative and does not require 60 consecutive days of disability).
What happens if Plaintiff cannot meet one of the tort thresholds?
If the Plaintiff does not meet on of the tort thresholds, then he/she is limited to receiving the basic economic loss benefits from No-Fault.
What are the statute of limitations for injuries sustained in a motor vehicle accident?
If the theory of liability is negligence, the action must be commenced within 6 years. Minn. Stat. §541.05(5)
A wrongful death case must be commenced within 3 years. Minn. Stat. §573.02
The state of limitations may be tolled if the Plaintiff is under 18 years of age or has a disability. Minn. Stat. §541.15
What is the statute of limitations for property damage?
6 years. Minn. Stat. §541.05(1).
Does Minnesota allow the setoff of collateral source benefits?
Yes. Minn. Stat. 548.36 applies to all civil actions (only cases in District Court and not cases in arbitration), whether based on contract or tort, where plaintiff’s recovery includes amounts that plaintiff has already received from collateral sources. Kersting vs. Royal Milbank Ins., 456 N.W.2d 270 (Minn. Ct. App. 1990); but, see Kooney vs. Hartford Ins. Co., 1990 WL 92878 unpublished opinion (Minn. Ct. App. 1990) (holding that the no-fault offset of Minn. Stat. §65B.51 does apply to UIM arbitration awards and applying that no-fault carriers should get a credit for future no-fault equal to the UIM recovery).
What are collateral sources?
Minn. Stat. § 548.251 defines collateral sources and specifies the following are not collateral sources: any benefit for which subrogation is asserted; life insurance benefits; any payments made pursuant to the Social Security Act; pension payments; and disability payments if the insurance premiums required for the coverage were paid entirely by the plaintiff.
What statutes control the cancellation or reduction of automobile liability policies?
Minn. Stat. §65B.15 provides rules for cancellation or reduction in limits during the policy period as well as the grounds and notice for same.
Is there an attorney-client relationship between the insured and defense counsel?
An attorney-client relationship exists between an insured and defense counsel retained by a liability insurer on the insured’s behalf, and this relationship is not nullified because the insurer and defense counsel have not had contact with the insured regarding defense of a claim. Hornberger v. Wendel, 764 N.W.2d 371 (Minn. Ct. App. 2009).
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