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No-Fault Insurance Litigation

Minnesota's no-fault insurance system provides critical medical and wage-loss benefits after a car accident — but insurers routinely deny, delay, and underpay valid claims. Andrade Law helps accident victims across St. Paul secure their full PIP benefits and pursue additional compensation when injuries exceed the no-fault threshold.

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Free Consultation: No fees unless we win your case. Past results do not guarantee future outcomes. This information is for educational purposes only.

Quick Summary

No-Fault Insurance in Minnesota

  • PIP covers up to $20,000 medical and $20,000 wage loss regardless of fault
  • Applies to drivers, passengers, pedestrians, and bicyclists
  • Third-party lawsuit available when injuries exceed the tort threshold
  • Six-month deadline to notify your insurer after a crash
  • Andrade Law fights insurer denials and underpayment of PIP benefits

Time-Sensitive?

Minnesota law requires you to notify your insurer within six months of the crash. Missing this deadline can result in complete denial of your PIP benefits.

  • Six-month notice deadline under Minn. Stat. § 65B.55
  • Insurer may request independent medical examination quickly
  • Delayed claims result in denied benefits
  • Early attorney involvement protects your benefit rights
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Understanding the System

How No-Fault Insurance Works in Minnesota

Minnesota is one of 12 states with a no-fault auto insurance system. Under Minn. Stat. § 65B, your own insurance company pays your basic economic losses after a car accident — regardless of who caused the crash. These benefits, called Personal Injury Protection (PIP), provide immediate coverage for medical expenses and lost income without requiring you to prove fault.

Your own insurer pays up to $20,000 for medical bills and up to $20,000 for wage loss. You do not need to prove who caused the crash to receive these benefits. However, PIP has significant limitations: it does not cover pain and suffering, emotional distress, or property damage, and the benefit caps are quickly exhausted in cases involving serious injuries.

Important Distinction

No-fault insurance only covers economic losses (medical bills and wages). For non-economic damages like pain and suffering, emotional distress, and quality-of-life losses, you must file a separate third-party liability claim. Andrade Law handles both PIP benefits and third-party lawsuits to maximize your total recovery.

Attorney Gabe Andrade, Minnesota personal injury lawyer

Your Attorney

Gabe Andrade

Minnesota Personal Injury Attorney

Gabriel E. Andrade brings a personal commitment to every case. As a dedicated personal injury attorney serving the Greater Twin Cities, Gabe combines legal expertise with genuine compassion for clients facing difficult times.

MN Bar #0402606
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Professional Associations

Minnesota State Bar Association Ramsey County Bar Association Hennepin County Bar Association Minnesota Hispanic Bar Association Hispanic National Bar Association Minnesota Association for Justice

Benefits Available

What No-Fault Insurance Covers

Minnesota PIP benefits cover the following categories of economic loss after a motor vehicle accident. Understanding these coverages is essential to ensuring you receive every dollar you are entitled to under your policy.

  • Reasonable and necessary medical expenses — up to $20,000 for hospital care, surgery, therapy, and medication
  • Lost wages — 85% of income loss up to $500 per week (up to $20,000 total)
  • Replacement services — up to $200 per week for household tasks you cannot perform due to injury
  • Mileage and transportation to medical appointments
  • Funeral expenses — up to $5,000 in fatal accident cases

Who Is Eligible?

All Minnesota drivers must carry no-fault coverage. Passengers in covered vehicles are also eligible. Pedestrians and bicyclists injured by a motor vehicle can claim PIP benefits under the vehicle's policy. Andrade Law determines which policy applies and ensures proper claim filing.

Motorcycles Excluded

Motorcycles are not covered under Minnesota's no-fault law unless you purchase special optional PIP coverage. Motorcycle riders injured in crashes must pursue claims through the at-fault driver's liability insurance. See our motorcycle accident litigation page for rider-specific guidance.

When You Can Sue

Exceeding the No-Fault Tort Threshold

Minnesota's no-fault system limits your ability to sue the at-fault driver — but only for less serious injuries. When your injuries are severe enough, you can step outside the no-fault system and file a third-party liability claim for full damages, including pain and suffering. Under Minn. Stat. § 65B.51, you can sue the at-fault party if any of the following conditions are met.

  • Medical expenses exceed $4,000 in reasonable and necessary treatment costs
  • The injury results in permanent injury, permanent disfigurement, or death
  • The victim is disabled for 60 or more days (need not be consecutive)

Most serious car accident injuries — including spinal cord injuries, brain injuries, and fractures requiring surgery — easily meet the tort threshold. Andrade Law evaluates your case to determine whether you qualify for a third-party lawsuit and pursues maximum compensation beyond the no-fault limits.

How Your Case Works

The No-Fault Insurance Claims Process

Navigating Minnesota's no-fault system requires careful attention to deadlines, documentation requirements, and insurer tactics. Andrade Law guides you through each step to ensure you receive full PIP benefits and pursue additional compensation when your injuries warrant a third-party claim.

1

Free Case Evaluation

Attorney Gabriel E. Andrade reviews your accident details, medical records, and insurance policies. We identify all available coverage sources, explain your PIP rights, and assess whether your injuries meet the tort threshold for a third-party lawsuit.

2

PIP Claim Filing and Benefit Recovery

We file your no-fault claim with your insurer within the six-month deadline, submit all required documentation, and monitor benefit payments. When insurers delay, deny, or underpay benefits, Andrade Law intervenes immediately to protect your rights.

3

Tort Threshold Assessment

We evaluate whether your injuries meet the $4,000 medical expense threshold, permanent injury standard, or 60-day disability requirement. If you qualify, Andrade Law prepares a third-party liability claim against the at-fault driver for full damages including pain and suffering.

4

Third-Party Claim and Negotiation

We prepare a comprehensive demand to the at-fault driver's insurer, documenting all medical expenses, lost income, and non-economic damages. Andrade Law negotiates aggressively for a fair settlement, backed by the credible threat of trial in Ramsey County District Court.

5

Litigation When Necessary

If the at-fault driver's insurer refuses a fair settlement, Andrade Law files suit and prepares your case for trial. Gabriel E. Andrade personally handles all aspects of litigation to ensure your claim receives the full judicial consideration it deserves.

When Insurers Fight Back

What If Your Insurer Denies PIP Benefits?

Insurance companies frequently challenge no-fault claims by disputing whether treatment was "reasonable and necessary," scheduling independent medical examinations (IMEs) with insurer-friendly doctors, or delaying payments until you run out of resources. These tactics are designed to minimize payouts, not protect your health.

If your insurer has denied, delayed, or reduced your PIP benefits, you may have grounds for an insurance claim dispute. Andrade Law takes legal action against insurers who fail to meet their policy obligations, including pursuing penalty interest and attorney fees under Minnesota's no-fault statute.

Uninsured and Underinsured Motorists

If the at-fault driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) policy can fill the gap. Visit our motorist insurance claims page to learn how Andrade Law recovers additional compensation through UM/UIM claims.

Frequently Asked Questions

No-Fault Insurance FAQ

How long do I have to file a no-fault insurance claim? +

You must notify your insurer within six months of the accident under Minn. Stat. § 65B.55. Missing this deadline can result in complete denial of your PIP benefits. Andrade Law ensures timely filing and full documentation to protect your right to benefits from the start.

Does no-fault insurance cover pain and suffering? +

No. PIP benefits cover only economic losses — medical expenses and wage loss. To recover compensation for pain and suffering, emotional distress, and quality-of-life losses, you must file a separate third-party liability claim against the at-fault driver. Visit our pain and suffering litigation page for more on how Andrade Law pursues non-economic damages.

Does no-fault insurance apply to motorcycle accidents? +

No. Motorcycles are excluded from Minnesota's no-fault system unless the rider purchased optional PIP coverage. Motorcycle crash victims must pursue compensation through the at-fault driver's liability insurance. See our motorcycle accident litigation page for specific guidance.

What if I was a pedestrian or cyclist hit by a car? +

Pedestrians and bicyclists are covered by the vehicle's no-fault policy. If you were hit by a car while walking or cycling, you can claim PIP benefits under the driver's auto insurance. See our pedestrian accident and bicycle accident pages for more information.

What documents do I need for a no-fault claim? +

You will need the accident report or police report, medical records and bills documenting your treatment, wage verification from your employer, receipts for transportation to medical appointments, and receipts for replacement services (household help). Andrade Law assists with gathering and organizing all required documentation to ensure your claim is complete and properly supported.

Can I sue the other driver if I have no-fault insurance? +

Yes, if your injuries meet the tort threshold. You can step outside the no-fault system and sue the at-fault driver if your medical expenses exceed $4,000, you suffer permanent injury or disfigurement, or you are disabled for 60 or more days. Most serious injuries meet these thresholds, and Andrade Law evaluates every case to determine your eligibility for a third-party lawsuit.

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