What Happens If the Person at Fault in an Accident Has No Insurance in Minnesota?

Under Minnesota Statutes § 65B.41, Minnesota uses a no-fault auto insurance system, where each driver's insurer covers medical expenses and certain losses regardless of fault. If injuries exceed no-fault limits, the at-fault driver may be sued. An uninsured at-fault driver is personally liable for damages beyond basic coverage. Victims can seek a civil judgment, but recovery is difficult if the uninsured driver lacks assets or the means to pay. Driving without insurance is one of several Minnesota traffic violations and infractions that can lead to both civil and criminal consequences, including fines, license suspension, and increased legal liability in the event of an accident.

Is It Illegal To Drive Without Insurance In Minnesota?

Yes. Minnesota Statutes §§ 169.791 and 169.797 require all drivers to possess liability insurance and carry proof of it. Driving without viable insurance is a misdemeanor and may become a gross misdemeanor for repeat or serious violations. Penalties include:

• $200 fine or more
• License and registration loss up to 12 months
• Possible vehicle impoundment
• SR-22 filing for reinstatement
• Up to 90 days in jail (1 year for gross misdemeanors)
• Personal liability for accident damages.

What Is the Minimum Insurance Requirement in Minnesota?

Minnesota Statutes § 65B.49 requires all drivers to maintain the following minimum liability insurance coverage:

• Bodily injury liability: $30,000 per person / $60,000 per accident
• Property damage liability: $10,000 per accident
• Personal Injury Protection (PIP): $40,000 total ($20,000 medical and $20,000 non-medical)
• Uninsured/Underinsured Motorist (UM/UIM): $25,000 per person / $50,000 per accident.

What To Do After A Car Accident With an Uninsured Driver in Minnesota

If the other driver is uninsured, Minnesota law still allows victims to seek compensation through their own insurance coverage or through lawsuits.

To preserve legal claims and pursue compensation, take the following action:

Step 1: Report the Accident

Document the driver's name, contact details, vehicle information, and witness identities. Photograph the scene, injuries, and damage. Accidents involving injury, death, or over $1,000 in damage must be reported to police under Minn. Stat. § 169.09.

Step 2: Use Uninsured Motorist (UM) Coverage

Minnesota requires UM/UIM coverage. Victims may file a claim under this policy to recover losses beyond what no-fault Personal Injury Protection (PIP) covers, such as pain and suffering or wage loss.

Step 3: Pursue Legal Action

If UM benefits are insufficient, victims may sue the uninsured driver directly. A civil judgment may award damages, though recovery depends on the driver's ability to pay.

Step 4: Report the Uninsured Driver

Driving without insurance violates Minn. Stat. § 169.791. Reporting an uninsured motorist may lead to license and registration suspension under Minn. Stat. § 169.792, along with misdemeanor charges.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Minnesota, a no-fault state, injury-related costs, such as medical costs and lost income, are typically covered by Personal Injury Protection (PIP), regardless of who is at fault. Without insurance, this coverage is unavailable. Also, pain, suffering, and emotional distress cannot be claimed unless the total medical expenses exceed the $4,000 tort threshold (Minnesota Statutes § 65B.51).

Uninsured victims may pursue legal action against the at-fault driver to seek compensation. Even then, compensation is unlikely if the liable driver lacks assets. Additionally, driving without insurance is illegal and may result in penalties.

Can I Sue an Uninsured Driver in Minnesota?

Yes. Minnesota law permits filing a civil claim against an uninsured at-fault driver under Minn. Stat. § 604.01. If damages are modest, typically under $20,000, claimants may pursue the case without attorneys in the Conciliation Court. For larger claims, the case is referred to the District Court, which often involves the use of legal representation. Even with a judgment, collecting compensation from an uninsured defendant can be challenging if the individual lacks sufficient assets to cover the judgment.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Minnesota?

Yes, insurance covers accidents with uninsured at-fault drivers in Minnesota. UM coverage, required by Minn. Stat. § 65B.49, provides $25,000 per person and $50,000 per accident for injuries, lost wages, and suffering. Personal Injury Protection (PIP) covers up to $40,000 per accident ($20,000 medical, $20,000 economic loss) regardless of fault. Optional coverages, such as Collision and Comprehensive, cover vehicle damage.

What Is Uninsured Motorist Coverage in Minnesota?

Uninsured Motorist (UM) coverage applies if the at-fault driver has no liability insurance. Underinsured Motorist (UIM) coverage is when the other driver's policy cannot cover all losses. Both cover bodily injury, medical costs, and lost income. Minnesota law (Minn. Stat. § 65B.49) requires UM and UIM in all auto policies, with minimum limits of $25,000 per individual and $50,000 per accident. Coverage mirrors liability limits and ensures compensation if the other driver lacks enough insurance.

What If I Don't Have Uninsured Motorist Coverage in Minnesota?

Drivers without uninsured motorist (UM) coverage involved in a crash caused by an uninsured driver may explore the following options:

1. Lodge a Civil Lawsuit Against the At-Fault Driver

   The uninsured motorist can be held personally responsible for damages through a civil suit. Victims may file in the Conciliation Court for claims under $20,000 or in the District Court for larger amounts. However, collecting payment may prove difficult if the driver lacks assets.

2. Request License Suspension for Unpaid Judgments

   If a judgment remains unpaid for 30 days, the creditor may request license suspension by submitting Form JGM104 to the court administrator where the judgment was entered (Minn. Stat. § 171.182).

3. Seek Crime Victim Compensation (in criminal cases)

   If the crash involved a hit-and-run or DUI, victims may apply to the Minnesota Crime Victims Reimbursement Program for reimbursement of medical bills and related expenses when no insurance covers the costs of the harm.

How Do I Get Compensation from an Uninsured Driver in Minnesota?

In Minnesota, victims may seek compensation from an uninsured driver by filing a civil lawsuit. The complaint must state the facts, legal basis, and damages. Claims under $20,000 should go to the Conciliation Court, while cases with higher amounts proceed to the District Court.

After paying the filing fee, the court clerk issues a summons under Minn. R. Civ. P. 4.01–4.03. The defendant has 21 days to respond under Minn. R. Civ. P. 12.01. If no answer is filed, the plaintiff may request a default judgment under Minn. R. Civ. P. 55. If the case proceeds, discovery begins under Minn. R. Civ. P. 26–37, including document exchanges, interrogatories, and depositions. If liability and damages are proven, the court issues a judgment. The plaintiff may then collect through asset seizure, garnishment, or liens.

How Much Can You Recover From an Uninsured At-Fault Driver in Minnesota?

While Minnesota law allows full recovery of all proven damages under civil negligence, actual collection often hinges on the defendant's ability to pay. Assets, income, or solvency issues can limit real-world outcomes. If the at-fault party is judgment-proof or bankrupt, enforcement may be impractical or delayed.

For modest claims, the Conciliation (Small Claims) Court permits recovery of up to $20,000, as specified in Minn. Stat. § 491A.01. Larger claims are filed in District Court, with no statutory damage cap. After judgment is entered, interest accrues under Minn. Stat. § 549.09. For judgments under $50,000, the rate is four percent. Judgments exceeding $50,000 earn ten per cent annually, increasing the total amount owed.

How To Find Out If the At-Fault Driver Has Insurance in Minnesota

In Minnesota, drivers may verify if the at-fault party had insurance by reviewing the official crash report, which lists the insurer if confirmed at the scene (Highway Traffic Regulation Act). The Department of Public Safety's DVS provides these reports to involved individuals or their attorneys.

Request forms (PS2503) may be submitted by mail or in person at DVS or the nearest full-service deputy registrar office. The report costs $5. During litigation, plaintiffs may also utilize discovery tools, such as interrogatories or document requests, to obtain insurance details directly from the defendant.

Are Accidents Public Record in Minnesota?

Yes. Court filings in Minnesota, including civil complaints and judgments, are generally public records under Minnesota Court Rules. However, police crash reports and DMV records are classified as nonpublic under Minn. Stat. § 171.12. Access to those records is limited to individuals involved in the crash, their representatives, or by court order, making litigation a key avenue for uncovering such information.

Can You Go to Jail for Causing an Accident Without Insurance in Minnesota?

Yes. Under Minn. Stat. § 169.797, knowingly driving without insurance is a misdemeanor, chargeable by a fine between $200 and $1,000, community service, and up to 90 days in jail. Per Minn. Stat. § 609.02, a gross misdemeanor triggered by prior convictions or serious injury may carry up to one year in jail. Causing an accident without insurance, especially with aggravating factors, increases the risk of incarceration and elevates the offense to a gross misdemeanor.

Can You Settle With an Uninsured Driver Out of Court in Minnesota?

Yes. Under Minnesota law, out-of-court settlements with uninsured drivers are permitted and often resolve claims quickly without the need for litigation. Once a mediated settlement is signed, it becomes a binding contract, legally enforceable under Minnesota contract principles. For mediated agreements specifically, Minn. Stat. § 572.35 requires that the document state it is binding and confirm the parties received written advice about legal rights for validity.

Can I Get Compensation If I Was Partially at Fault?

It depends. Minnesota uses a modified comparative fault system under Minn. Stat. § 604.01. A claimant may recover damages only if their share of fault does not surpass 50 percent. If eligible, the court reduces the total award in proportion to the claimant's degree of fault. For example, if found 30 percent at fault, the claimant may recover 70 percent of the total damages awarded by the court.