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Auto Accident FAQ
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Downloadable Brochure (PDF format)
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- Who is entitled to receive automobile no-fault
benefits?
- Do I have to buy no-fault insurance to
be covered for accident-related injuries?
- Am I entitled to receive these benefits
if I was at fault in causing the accident?
- What health care benefits are available
under no-fault insurance?
- Do I have to be treated by a doctor or
chiropractor in my insurance company's network?
- Am I limited in the number or frequency
of treatments?
- Am I entitled to reimbursement for mileage
in obtaining medical and chiropractic treatment?
- Are wage loss benefits available?
- What if my injuries prevent me from returning
to the job I had before the accident?
- What benefits are available to me if my
injuries prevent me from doing my house and yard work?
- How long can the no-fault insurer take
to respond to my claim for benefits?
- When can I make claim against the driver
who caused the injury?
- Can I claim damages against the at-fault
driver beyond that which I can recover from the
no-fault insurer?
- What if the at-fault driver was uninsured?
- Is it a good idea to settle my uninsured
motorist claim without the assistance of an attorney?
- What if an at-fault driver did not
have enough insurance to compensate me for my injuries?
- Is it a good idea to settle my claim
against an insured at-fault driver without the assistance
of an attorney?
- How much will Kiernan Personal Injury
Attorneys charge to represent me?
- Will I be charged if I just want to
telephone or sit down with an attorney and ask questions
about my accident?
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Who is entitled to receive automobile
no-fault benefits?
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Anyone whose injury arises out of the maintenance or use
of a motor vehicle. (For example, all occupants or drivers
of cars, trucks or buses involved in collisions; all pedestrians
struck by cars, trucks, buses; even persons injured while
providing maintenance to their vehicles.
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Do I have to buy no-fault insurance to
be covered for accident-related injuries?
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No. With limited exceptions, no-fault coverage is available
to everyone injured in an accident involving a motor vehicle.
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Am I entitled to receive these benefits
if I was at fault in causing the accident?
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Yes. It makes no difference who, if anyone, was at fault
in causing the accident.
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What health care benefits are available
under no-fault insurance?
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You are entitled to a minimum of $20,000 coverage for reasonable
medical, hospital, chiropractic, surgical, optical and/or
dental care, including prescription and non-prescription drugs.
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Do I have to be treated by a doctor or
chiropractor in my
insurance company's network?
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No. You are free to treat with whomever you choose.
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Am I limited in the number or frequency
of treatments?
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No. The no-fault insurer is required to pay for all medical
and chiropractic treatment which is reasonable and necessary
to treat injuries sustained in a motor vehicle accident.
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Am I entitled to reimbursement for mileage
in obtaining medical and chiropractic treatment?
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Yes. No-fault benefits include reimbursement for mileage
incurred in obtaining medical and chiropractic care (keep
a log of medical miles, including the dates of treatment,
round-trip miles, and any parking expense).
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Are wage loss benefits available?
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Yes. A person unable to work because of injuries sustained
in a motor vehicle accident is entitled to 85% of that person's
gross wage loss, up to $250 per week (make sure you obtain
a written disability statement from your treating physician
indicating the dates you were unable to work when submitting
a wage loss claim to the no-fault insurer).
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What if my injuries prevent me from returning
to the job I had before the accident?
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If your injury prevents you from returning to your job, you
may be entitled to receive benefits for retraining or rehabilitation.
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What benefits are available to me if my
injuries prevent me from doing my house and yard work?
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You may be entitled to reimbursement of the cost for hiring
someone to help you clean or maintain your home or yard, or
assist you in child care. (Make sure you obtain a written
restriction from your treating doctor disabling you from performing
the tasks for which you hire substitute help.)
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How long can the no-fault insurer take
to respond to my claim for benefits?
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No-fault benefits are overdue if not paid within 30 days
after the no-fault insurer receives reasonable proof of the
loss, and the amount of the claim. (Always send the no-fault
insurer a copy of all medical bills or receipts reflecting
other expenses.)
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When can I make claim against the driver
who caused the injury?
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As a general rule, the person injured in an automobile accident
due to the negligence of others is entitled to bring a claim
against the at-fault person or persons only after meeting
one of the following thresholds:
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- the medical expenses incurred in treating the accident
related injuries exceed $4,000, exclusive of x-rays, MRI's,
CT's and other diagnostic scanning;
- the accident related injury is permanent;
- the injury results in a permanent disfigurement
(usually involves scarring);
- or the injury results in a disability lasting more than
60 days.
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Can I claim damages against the at-fault
driver beyond that which I can recover from the no-fault insurer?
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Yes. Additional compensable damages may include wage loss
which is greater than that paid by the no-fault insurer, pain,
suffering, emotional distress, future medical expenses, future
wage loss and loss of earning potential if you cannot pursue
your chosen occupation.
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What if the at-fault driver was uninsured?
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Minnesota law requires your own automobile insurance company
to provide uninsured motorist benefits to compensate you when
injured by at-fault drivers who carry no liability insurance.
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Is it a good idea to settle my uninsured
motorist claim without the assistance of an attorney?
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No. Minnesota law presumes that when you settle your uninsured
motorist claim, you also give up your right to continue to
collect no-fault benefits, unless those benefits are specifically
reserved in the settlement document.
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What if an at-fault driver did not
have enough insurance to compensate me for my injuries?
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All automobile insurance policies provide underinsured motorist
benefits designed to compensate people injured by at-fault
drivers who carry liability insurance in an amount insufficient
to fully compensate the injured person.
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Is it a good idea to settle my claim
against an insured at-fault driver without the assistance
of an attorney?
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No. You must give the underinsured motorist insurer detailed
advance written notice of your intention to settle with an
at-fault driver. If you do not give this notice, you will
probably lose your right to underinsured motorist benefits.
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How much will Kiernan Personal Injury
Attorneys charge to represent me?
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We represent injured persons on a contingent fee basis. This
means that we receive one-third of the amount we obtain for
you. If you make no recovery, you will not be charged for
attorney's fees.
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Will I be charged if I just want
to telephone or sit down with an
attorney and ask questions about my accident?
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No. We would be happy to sit down with you, free of charge,
to discuss any accident related questions you may have. Common
Questions Concerning No-Fault and Other Automobile Insurance
Benefits.
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