Estimated reading time: 3-4 minutes
Being a passenger in a car accident can feel particularly confusing. You weren't in control of the vehicle, you didn't cause the crash, yet you're dealing with injuries, medical bills, and lost wages. Many passengers wonder if they have any legal rights to compensation, especially if the driver was a friend or family member. The answer is yes—passengers in Minnesota have clear legal rights to seek compensation after a car accident, and understanding these rights is the first step toward recovery.
Understanding Minnesota's No-Fault Insurance System
Minnesota operates under a no-fault insurance system, which can initially seem complicated for passengers. The term "no-fault" doesn't mean no one is responsible for the accident. Instead, it refers to how initial medical expenses and lost wages are covered after a crash.
Under Minnesota's no-fault law, all drivers are required to carry Personal Injury Protection (PIP) insurance with a minimum coverage of $40,000 per person, consisting of $20,000 for medical expenses and $20,000 for non-medical expenses, such as lost wages and replacement services. This insurance covers immediate expenses, regardless of who caused the accident, allowing injured parties to receive prompt medical treatment without waiting for fault to be determined.
How Passengers Access No-Fault Benefits
As a passenger injured in a car accident, you have several potential sources of no-fault coverage. The order in which you access these benefits matters, and understanding the hierarchy can help you navigate the claims process more effectively.
Your Own PIP Insurance
If you own a vehicle and maintain your own auto insurance policy in Minnesota, you'll typically file a claim with your own PIP coverage first. This applies even though your vehicle wasn't involved in the accident. Your insurance rates should not increase for making a no-fault claim, as you weren't driving and didn't cause the accident.
Resident Relative's PIP Insurance
If you don't own a vehicle, you can access PIP benefits through the insurance policy of a relative who lives in your household. For example, if you live with a parent, sibling, or spouse who has auto insurance, their policy extends coverage to you as a resident relative, even if they weren't involved in the accident.
The Driver's PIP Insurance
If neither of the above options applies, you can file a claim through the PIP insurance of the vehicle you were riding in at the time of the accident. This ensures that passengers without their own insurance or resident relative coverage still have access to no-fault benefits.
Minnesota Assigned Claims Bureau
In rare cases where none of these insurance sources are available—such as when you don't own a car, don't live with anyone who has insurance, and were a passenger in an uninsured vehicle—you may be able to obtain coverage through the Minnesota Automobile Assigned Claims Bureau.
When You Can File a Liability Claim Against the At-Fault Driver
Minnesota's no-fault system covers initial expenses, but PIP insurance has important limitations. It doesn't cover pain and suffering, permanent disabilities, or expenses that exceed policy limits. Once you've exhausted your PIP benefits or if your injuries meet certain thresholds, you may be able to file a liability claim against the at-fault driver.
You can pursue a claim against the at-fault driver's liability insurance if your injuries meet any of these criteria:
Medical expenses exceed $4,000
You've been disabled for at least 60 days
You've suffered permanent injury or disfigurement
The accident resulted in death
When these thresholds are met, you can seek compensation for damages not covered by PIP insurance, including pain and suffering, permanent injuries, emotional distress, reduced quality of life, and medical expenses exceeding PIP limits.
What If the Driver Was a Family Member or Friend?
One of the most common concerns passengers have is whether they can file a claim if the at-fault driver was someone they know and care about. The short answer is yes. In Minnesota, you have the legal right to pursue compensation regardless of your relationship with the driver.
It's important to understand that insurance claims are filed against the insurance policy, not against the individual personally. The driver's insurance company pays the claim, not your family member or friend out of pocket. While the situation may feel uncomfortable, protecting your health and financial future is essential. Medical bills, lost wages, and long-term injuries can have devastating financial consequences that shouldn't fall on your shoulders because of someone else's negligence.
In our experience working with accident victims, many passengers initially hesitate to file claims involving loved ones. However, most family members and friends understand that seeking compensation is a necessary step for recovery and isn't a personal attack. The driver's insurance exists precisely for these situations.
Important Deadlines to Remember
Minnesota law sets strict deadlines for filing claims after a car accident. For no-fault PIP benefits, you must file your claim within six months of the accident. While insurance companies may not automatically deny late claims, filing promptly protects your rights and ensures you receive timely benefits for medical treatment.
For personal injury lawsuits against an at-fault driver, Minnesota's statute of limitations generally gives you six years from the date of the accident to file a claim based on negligence. However, this timeframe shouldn't encourage delay. Evidence becomes harder to gather over time, witnesses' memories fade, and insurance companies may view delayed claims with skepticism.
Steps to Protect Your Rights as a Passenger
After being injured as a passenger in a car accident, taking the right steps can significantly strengthen your claim:
First, seek medical attention immediately, even if your injuries seem minor. Some injuries don't manifest symptoms right away, and prompt medical documentation creates a clear record connecting your injuries to the accident.
Report the accident to the appropriate insurance company as soon as possible.
Gather and preserve evidence while it's still available, including photos of the accident scene, contact information for witnesses, and copies of the police report.
Keep detailed records of all medical treatments, expenses, and how your injuries have affected your daily life and ability to work.
Most importantly, consult with an experienced personal injury attorney before giving recorded statements to insurance companies. Insurers may attempt to minimize your claim or use your statements against you later.
How Meshbesher & Student, P.A. Can Help
Navigating passenger injury claims can be complex, especially when dealing with Minnesota's no-fault system, multiple insurance policies, and potentially filing claims against loved ones. At Meshbesher & Student, P.A., we've spent over 100 years helping injured Minnesotans understand their rights and secure the compensation they deserve.
Our attorneys handle all aspects of passenger injury claims, from filing no-fault benefits applications to pursuing liability claims against at-fault drivers. We work to identify all available insurance coverage, gather evidence supporting your claim, negotiate with insurance companies on your behalf, and take cases to trial when necessary to protect your interests.
Get the Legal Support You Deserve
Being injured as a passenger in a car accident isn't your fault, and you shouldn't bear the financial burden of someone else's negligence. Whether the at-fault driver was a stranger or someone close to you, you have legal rights to compensation under Minnesota law.
If you've been injured as a passenger in a car accident, call Meshbesher & Student, P.A. at (612) 200-1526 or submit a contact form to schedule a free consultation.
