Can I file a lawsuit against the driver at fault in a no-fault state?

Minnesota is a no-fault insurance state. This means that it is unnecessary for the driver not at fault to prove the other party’s fault in order to receive money for medical expenses, such as rehabilitation, and for lost wages. Personal Injury Protection, or PIP, is part of an insurance policy in a no-fault state. The insurance company of the party not at fault pays for the medical expenses under the conditions of PIP.

The tradeoff of receiving compensation without a lengthy legal battle with the other party’s insurance provider is that the injured party may not sue the party at fault for pain and suffering or emotional distress unless certain conditions are prevalent. In certain circumstances, an injured person may sue the other driver if the medical expenses exceed a specific monetary threshold. Minnesota is one of seven no-fault states with a monetary threshold. An injured person, however, may bring a lawsuit against the other driver for compensation for the physical damage to the vehicle.