Debunking 10 Common Myths About Car Accident Claims in Minnesota

Posted on behalf of Steve Terry
on February 12, 2024 in Auto Accidents

Unfortunately, there are a lot of myths and misconceptions about filing a car crash claim after a crash in Minneapolis. These misguided beliefs can cause crash victims to make bad decisions that hurt their chances of recovering favorable compensation.

Below, TSR Injury Law debunks 10 of these myths, explaining some of the things crash victims need to know about their legal options.

At TSR Injury Law, our Minneapolis-based car crash attorneys understand the confusion and stress that victims face. Our goal is to provide clarity and support throughout your legal journey. We represent crash victims on contingency, which means there are no upfront costs for you to pay.

Call us to find out if you have a case and learn how we may be able to help you.

TSR Injury Law. Experienced lawyers with a proven record of success. (612) TSR-TIME

Myth: You Do Not Need an Attorney for a Car Insurance Claim

Some crash victims mistakenly believe they do not need a lawyer unless they are filing a lawsuit. However, most car crash claims are resolved through an insurance settlement, and victims who hire lawyers often recover more compensation from the insurance company.

An experienced lawyer can also manage the process on your behalf. This means you do not need to worry about building a case, interpreting state laws or the many other aspects of the legal process for a car crash case.

Myth: You Do Not Have Enough Money To Hire an Attorney

Many people do not know that most injury lawyers, including those at TSR Injury Law, work on a contingency fee basis. This means they only get paid if they win your case, either in the courtroom or through an insurance settlement.

This approach makes legal representation accessible to everyone, regardless of their financial situation.

Myth: You Need to File a Lawsuit To Secure Compensation

A significant number of car crash claims are settled through negotiation, without ever needing to file a lawsuit. Insurance companies would like to avoid the extra time and expense of going to court. They also do not want to leave the case in the hands of a jury, which might award more compensation than the insurance company could have paid to settle the case.

However, it is important to hire an experienced lawyer, as he or she will have a much better chance of resolving the case through a settlement.

Myth: You Can File a Claim Any Time After a Collision

In Minnesota, the statute of limitations for filing a car crash claim is generally six years from the date of the crash. Once those six years pass, you will not be able to seek compensation.

You may think that six years gives you plenty of time to call a lawyer, but it is best not to wait. The sooner you contact a lawyer, the sooner he or she can investigate and start building a case, assuming you have a valid claim.

The insurance claims process can take several months or longer. Contacting a lawyer soon after the crash gives him or her plenty of time to pursue insurance compensation and file a lawsuit if the insurance company denies or undervalues your claim.

Myth: You Do Not Need To File a Claim For Minor Injuries

Sometimes crash victims think they have a minor injury only to later discover it is much more severe than they realized. For example, you may think soft-tissue injuries are not as severe as broken bones. However, soft-tissue damage can lead to months or years of pain and discomfort that require ongoing treatment.

Myth: You Cannot Recover Compensation if the Other Driver Is Uninsured

Minnesota mandates uninsured motorist coverage on all auto insurance policies. If you are injured by an uninsured driver, you still have a valid claim for recovery through your own auto insurer. However, sometimes it may be necessary to file a liability claim as well.

Myth: You Cannot Claim Compensation if You Are Partially at Fault

There are a handful of states where this is true, but Minnesota is not one of them.

Under Minnesota law, even if you are partially at fault, you may still be eligible for compensation, provided you are not more at fault than the other party. In other words, any victim who is 50 percent or less at fault, can seek compensation for damages.

It is also important to consider if it is true that you are partially at fault. The insurance company may have told you that, but you should be careful taking their words at face value.

Myth: If You Reject the First Settlement Offer, You Will Not Get Compensation

First offers from insurance companies are typically starting points for negotiation. You are entirely within your rights to reject an offer, and the idea that rejecting an offer means you will not receive any compensation is false.

However, you should hire an experienced attorney to manage your negotiations. At TSR Injury Law, we have been negotiating with insurance companies for decades and have a proven history of securing favorable compensation for our clients.

Myth: The Insurance Company Will Offer a Fair Settlement

The insurance company’s primary goal is to pay as little as possible. They routinely offer less than the full value of a claim.

An experienced attorney can assess if an offer truly covers all your damages, including future medical expenses, emotional distress, and more.

Myth: The Only Thing I Need To Prove My Claim Is the Police Report

Police reports are certainly important in a car crash case, and it is important to call the police after any crash, even if you think it is not that big of a deal. However, police reports often do not capture the complete picture of a crash, nor are they admissible as evidence.

Gathering additional evidence, such as witness statements, photos of the scene, and medical reports provides additional proof and insight about how your crash occurred, and it can significantly strengthen your claim.

Injured by a Reckless Driver? Contact Us For Legal Assistance

The information provided here is just a starting point. For personalized advice and representation, our Minneapolis-based attorneys are here to assist you every step of the way.

At TSR Injury Law, we understand the challenges and uncertainties that come with car crash claims in Minnesota. If you or a loved one has been involved in a car crash in Minnesota, you do not need to navigate the legal process alone. Contact us to set up a free consultation.

Have legal questions following a crash? Contact us today: (612) TSR-TIME.

How Much Time Do I Have to Claim an Injury from a Car Crash?

Posted on behalf of Steve Terry
on October 5, 2020 in Auto Accidents
Updated on December 5, 2022

Sometimes car crashes that do not result in significant damage to your vehicle can cause significant injuries. However, you may not notice symptoms immediately after the crash. In fact, it could take days or weeks before you notice pain symptoms and/or seek treatment.

When this happens, victims may wonder if they can still file a claim for compensation. The answer is yes, but things could be a lot more complicated than if you had filed right away. For one, the insurance company will use the delay against you, claiming you were truly not injured at all or if you are hurt, it was because of something besides the crash.

Another factor that could complicate things is if you talked to the insurance company immediately after the crash. Did you say you were not injured? Did you say you felt OK? Your words will be used against you.

While your lawyer may still be able to obtain compensation, statements like this could present a significant obstacle.

Problems With Waiting to File a Claim

Not only could you pass the deadline for filing a claim, you could be giving the insurance company and at-fault party a strong reason to deny or devalue your claim.

After a car crash, insurance companies and at-fault parties are always looking for some way to attack your credibility. If there is a significant gap in time (more than a day or two) between the crash and you filing a claim, they may say you are just trying to get money and are not significantly injured.

They are especially likely to use these arguments if you did not seek treatment for weeks or months after the crash. The burden of proof for linking an injury to a crash is on the victim. It can be very difficult to establish this connection if your injuries were diagnosed a week or a month after your crash.

It is never a bad idea to go to the hospital or urgent care after a car crash. A licensed medical professional can look you over and run tests to help determine if any injuries occurred.

It may take more time for significant injuries to develop, but by seeking treatment quickly, you are documenting your initial pains that later can be linked to the crash. You are also helping to make it that much harder for insurance companies and at-fault parties to dispute your intention for filing a claim or attack your credibility.

Statements to the Insurance Company

It is best to keep your statements to the insurance company brief. You may not think you are seriously injured, but that may change in the future. You want to leave yourself room to maneuver if you begin experiencing symptoms. That means avoiding definitive statements about your condition, as these statements could soon prove to be inaccurate. The number one rule is to speak to an attorney before ever giving an insurance statement.

What is the Deadline for Filing a Car Crash Claim?

Your insurance company likely has a deadline for filing a claim, and if you miss it you may lose the right to do so. That is why it is important to contact a Bloomington car accident lawyer right away to determine if you may be eligible for compensation.

In addition to the basic setting up a claim, there are also legal deadline requirements to file a lawsuit on injury claims. Statute of limitations vary by state and also by type of claim. The SOL can be as short as two years from the date of the crash. Even though most car crash claims are resolved through an insurance settlement, sometimes your lawyer may need to take the insurance company to court to pursue maximum compensation.

By contacting a lawyer right away, he or she can determine if you may have a case and get to work gathering evidence. You want to give your lawyer enough time to prepare to file a lawsuit if it becomes necessary.

TSR Injury Law is Here to Help. Call Us Today.

If you have any questions about your claim or the legal process, give us a call today. We are here to help crash victims, including assessing whether you may have a valid claim for compensation.

There is no risk in contacting us because we do not charge for an initial consultation and you are not required to hire us if we find you have a case. In fact, our attorneys are not paid to represent you unless we obtain compensation for your damages.

Read our testimonials page to see what our clients have to say about the representation we provided them.

Call TSR Injury Law. No upfront fees. (612) TSR-TIME.

Tag: car crash