Minnesota only requires drivers to carry a small amount of coverage. When your injuries cost more than that, the fight isn’t over — it might just move to your own insurance company.
You did everything right. You got hit by someone else, the police confirmed it wasn’t your fault, and that driver actually had insurance. You breathe a sigh of relief — until the surgery bills come in, and the other driver’s policy only covers a fraction of them.
The Myth: “If They Have Insurance, I’m Covered”
Minnesota only requires drivers to carry $30,000 in bodily injury liability coverage per person. That sounds like a lot until you’ve had an ambulance ride, an ER visit, an MRI, physical therapy, and time away from work. Serious crashes can blow past that number in a single hospital stay.
This Is Where Your Own Policy Steps In
Most Minnesota auto policies include underinsured motorist coverage (UIM) and uninsured motorist coverage (UM) — protection you pay for but may never think about until you need it. UM applies when the at-fault driver has no insurance at all, or fled the scene. UIM applies when the other driver has insurance, but not enough to cover your damages.
The Uncomfortable Part
Once your damages exceed the other driver’s policy limits, you file a claim against your own insurance company for the difference. And here’s what surprises a lot of people: your insurer, the one you’ve paid premiums to for years, might have an incentive to minimize what they pay you. Think about it – the less they pay, the more profit they keep.
What to Do
Report the potential UM/UIM claim to your own insurer promptly — most policies have notice requirements, and waiting too long can create problems. Keep every medical bill and record organized, because your insurer will scrutinize them closely. And depending on your policy and how many vehicles you insure, you may be able to “stack” coverage across multiple cars for a higher total limit — something worth checking before you assume you know your number.
The Legal Basis
Minnesota law, including Minnesota Statutes section 65B.49, governs uninsured and underinsured motorist coverage requirements for auto policies issued in the state.
You Don’t Negotiate With Your Insurer Alone
A UM/UIM claim is still an adversarial claim, even though it’s against your own company. Treat it that way from the start.
Call Pacyga Trial Lawyers at 612-339-5844. We’ll walk through your policy, figure out what coverage you actually have, and make sure your own insurance company pays what it owes.