Getting hit by an uninsured driver can feel overwhelming. You’re dealing with injuries, vehicle damage, and the frustration of knowing the other driver has no insurance to cover your losses. In Minnesota, a significant number of drivers still operate vehicles without required coverage, despite state law mandating insurance for all motorists. The good news is that Minnesota law requires drivers to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage on their own auto policies, in addition to other mandatory coverages. These coverages help protect you when the at‑fault driver has no insurance or lacks sufficient limits to fully compensate for your losses. Understanding how UM and UIM claims work in Minneapolis can help you use these protections effectively.
Why Choose Robert Wilson & Associates for Your Uninsured Motorist Claim
When you pursue an uninsured motorist claim, your relationship with your own insurer changes; for purposes of the UM/UIM dispute, your insurer effectively occupies the role of the opposing party and seeks to minimize what it pays. Robert Wilson & Associates has extensive experience handling UM and UIM claims and responding to insurers’ efforts to limit benefits.
Founder and Senior Partner Robert E. Wilson has more than 35 years of experience representing injured Minnesotans in personal injury and workers’ compensation matters. He has been recognized as a Super Lawyer and has received professional honors, including an award from the Minneapolis Police Department, and has presented cases before Minnesota appellate courts. Senior Attorney Roger D. Poehls, Jr. brings over 20 years of experience and has helped resolve many cases involving significant settlements for injured clients. Associate Attorney Daniel C. Swenson graduated Magna Cum Laude from Hamline University School of Law and received multiple CALI awards recognizing top performance in specific law school courses.
The firm is a member of national litigation groups that admit attorneys involved in high‑value verdicts and settlements, and its lawyers have been listed in selective trial‑lawyer organizations. Robert Wilson & Associates works on a contingency fee basis, so you pay no attorney’s fees unless compensation is recovered, and offers free consultations to review your situation and discuss your options.
Understanding Uninsured Motorist (UM) Coverage in Minnesota
What Is UM Coverage?
Uninsured motorist coverage provides benefits when you are legally entitled to recover damages for bodily injury from the owner or operator of an uninsured vehicle. Instead of seeking payment from the at‑fault driver’s liability insurer—which does not exist in a UM situation—you make a claim against your own UM coverage. Minnesota law requires that every plan of “reparation security” (auto policy) issued for a vehicle registered or principally garaged in Minnesota include separate uninsured and underinsured motorist coverages.
In a UM claim, your insurer steps into the shoes of the at‑fault uninsured driver for purposes of paying bodily‑injury damages up to the UM limits, and you must still prove liability, causation, and damages much as you would in a claim against an at‑fault driver’s insurer. This is why having experienced personal injury attorneys on your side can make a significant difference.
Minimum Coverage Limits
Under Minnesota Statutes section 65B.49, each UM and UIM coverage must provide at least $25,000 because of injury to or death of one person in any accident and $50,000 because of injury to or death of two or more persons in any accident. Many drivers purchase higher limits—such as $50,000 per person and $100,000 per accident or more—to provide additional protection. Your own UM policy limit is the maximum your insurer may have to pay under that coverage, regardless of the total amount of your losses.
If your damages exceed your UM limits, UIM coverage or other avenues may be available, depending on whether the at‑fault driver had any liability insurance and how your policies are structured.
Minnesota’s No‑Fault System and Your Recovery Options
Minnesota uses a no‑fault auto insurance system. By law, every Minnesota policy must include Personal Injury Protection (PIP) coverage of at least $40,000 per person, typically divided into $20,000 in medical expense benefits and $20,000 for wage loss and other benefits, regardless of fault. After an accident with an uninsured or underinsured driver, your first source of payment for medical bills and a portion of lost wages is your own PIP coverage.
Once PIP is exhausted or threshold requirements are met, you may pursue additional damages such as pain and suffering and uncompensated medical expenses. In a UM situation (no liability coverage for the at‑fault driver), these additional damages are sought from your own UM coverage. In an underinsured situation (some liability coverage, but not enough), you first collect from the at‑fault driver’s liability insurer and then, if your UIM coverage applies and has higher limits, seek additional compensation from your own UIM coverage.
Some policies may permit “stacking” of UM and UIM limits across vehicles or coverages, but whether stacking is available depends on policy language and Minnesota law at the time of the accident. An attorney can analyze your specific policy to determine what limits and stacking rights you may have. Understanding your auto accident rights in Minneapolis is essential.
What Damages Can You Recover in an Uninsured Motorist Claim?
UM (and UIM) coverage is designed to place you, as much as possible, in the position you would have been in if the at‑fault driver had carried adequate liability insurance, subject to coverage terms and exclusions. Covered categories of bodily injury damages typically include:
- Medical expenses – Reasonable and necessary past and future medical treatment related to the crash, such as emergency care, hospitalization, surgery, medications, rehabilitation, and therapy.
- Lost wages and loss of earning capacity – Income you lose while recovering and, in serious cases, diminished ability to earn in the future.
- Pain and suffering – Physical pain and the impact of your injuries on sleep, activities, and overall quality of life.
- Emotional distress – Psychological effects, including anxiety, depression, and trauma, connected to the collision.
- Scarring and disfigurement – Compensation for permanent visible changes or functional impairments.
- Property damage to your vehicle is generally not covered by UM bodily‑injury coverage. Instead, it is usually handled under collision coverage, if you carry it, or, in some policies, under separate uninsured‑motorist property‑damage provisions.
Soft‑tissue injuries, fractures, neck and back injuries, and traumatic brain injuries are all examples of harm that can substantially increase the value of a UM claim within policy limits.
How to File an Uninsured Motorist Claim in Minneapolis
Filing a UM claim involves both standard post‑accident steps and UM‑specific requirements:
Report the crash and seek medical care
Call law enforcement to document the collision and request prompt medical evaluation. A police report noting that the other driver lacked insurance or fled the scene is important in a UM case.
Notify your insurer promptly
Report the accident to your own insurer without delay, following any notice requirements in your policy. Inform them that the other driver appears to be uninsured or underinsured. Understanding how to file an insurance claim properly is critical to protecting your rights.
Document the uninsured status
The police report, statements from the other driver (if any), and your insurer’s investigation help confirm that there is no applicable liability coverage. Your insurer may require written proof of lack of insurance before processing a UM claim.
Gather and keep evidence
Preserve photos of the scene and vehicles, witness information, medical records, bills, wage‑loss documentation, and any other records that show your injuries and financial losses. Avoid posting on social media about your accident, as this can harm your claim.
Make a formal UM claim
Once the uninsured status is confirmed and your damages are documented, you (or your attorney) present a UM claim to your insurer, often with a demand package summarizing liability, injuries, and losses. The insurer may negotiate, request additional information, or proceed to arbitration or litigation, depending on the policy.
Minnesota generally has a six‑year statute of limitations for contract‑based claims, including many UM claims, although the specific deadline can depend on the policy and on how courts interpret when the UM cause of action accrues. Your policy may also impose shorter deadlines for notice and proof of claim, so acting early is safer than waiting.
What If Your Damages Exceed Your UM Coverage Limits?
If your total damages are greater than your UM limits, several possibilities may be examined:
Underinsured motorist (UIM) coverage
When the at‑fault driver has some liability insurance but not enough, UIM helps cover the difference between the at‑fault driver’s liability limit and your total damages, up to your UIM limits. UM and UIM minimum limits in Minnesota are both $25,000 per person and $50,000 per accident, though you may have purchased higher limits.
Stacking coverage (if available)
Some policies or fact patterns may allow combining UM and/or UIM limits across multiple vehicles or policies in the same household, often called stacking. Whether stacking is permitted depends on your policy and Minnesota case law.
Direct lawsuit against the at‑fault driver
You can sue an uninsured or underinsured driver personally; however, drivers who do not maintain insurance often lack significant assets to satisfy a judgment, making collection difficult in practice. An attorney can help evaluate whether filing a personal injury lawsuit is practical in your situation.
Frequently Asked Questions About Uninsured Motorist Claims
Will filing a UM claim increase my insurance premiums?
Minnesota law does not allow an insurer to surcharge you simply because you made a claim arising from a not‑at‑fault accident; however, insurers may consider overall claims history at renewal. It is important to review your policy and discuss specific premium questions with your agent or insurer.
Does UM coverage pay for vehicle damage?
UM bodily‑injury coverage primarily applies to personal‑injury losses, not property damage. Vehicle damage is usually covered under your collision coverage or, in some cases, under a separate uninsured‑motorist property‑damage provision if your policy includes it. Check your declarations page or speak with your insurer to confirm what property coverages you have.
What if the uninsured driver fled the scene (hit‑and‑run)?
Hit‑and‑run collisions are commonly treated as uninsured motorist events in Minnesota, as long as certain conditions are satisfied, such as prompt reporting and some independent evidence that an unidentified vehicle caused the crash. You should report the incident immediately to police and your insurer and cooperate with their investigations.
I was a passenger in a friend’s car. What are my options?
As a passenger, you may have multiple potential sources of coverage:
- The vehicle owner’s PIP, UM, and UIM coverages
- Your own PIP, UM, and UIM coverages, if you have a policy
- Liability coverage of any at‑fault driver
Exactly which policies apply and in what priority depends on Minnesota’s priority rules and specific policy language.
How long do I have to file an uninsured motorist claim?
In Minnesota, most personal injury claims must be brought within six years, and UM claims are generally treated as contractual actions with a similar time frame, though the exact accrual date and applicable limitation period can be affected by policy language and case law. Your policy may also have internal time limits for reporting and proof of claim, so it is best to consult an attorney and notify your insurer as soon as possible.
What evidence do I need to prove the other driver was uninsured?
Key evidence usually includes:
- A police report indicating no insurance information, a citation for lack of insurance, or a hit‑and‑run designation
- Your insurer’s verification that no liability coverage exists for the at‑fault vehicle or driver
- Any statements or documentation obtained at the scene
These documents, combined with your medical and damage evidence, form the core of your UM claim.
Let Robert Wilson & Associates Handle Your Uninsured Motorist Claim
Insurance companies often dispute UM and UIM claims, questioning fault, the seriousness of injuries, or the extent of damages. They may rely on policy exclusions or technical arguments to reduce or deny payment. Having representation helps you respond to those arguments and present a clear case supported by medical records, wage‑loss documentation, and, when needed, expert testimony.
Robert Wilson & Associates represents people injured in crashes with uninsured and underinsured drivers in Minneapolis and across Minnesota. The firm’s attorneys work to identify all applicable coverages, document your losses, negotiate with insurers, and, where necessary, pursue arbitration or litigation under the policy. Our Minneapolis personal injury lawyers have extensive experience with these complex claims.
You pay no attorney’s fees upfront. Robert Wilson & Associates works on a contingency fee basis, meaning fees are owed only if compensation is recovered on your behalf. To discuss your options after being hit by an uninsured or underinsured driver, call Robert Wilson & Associates at (612) 334-3444 for a free consultation.