Author: Steve Terry

Is a car insurance company legally allowed to cancel a policy and deny coverage based on allegations the policyholder committed fraud when he or she obtained the policy?

You may be surprised to learn the answer is likely “no” in the state of Minnesota, thanks to the frozen liability rule in the No-Fault Automobile Insurance Act. Below, learn more about this rule and how it could apply when a crash victim files a claim.

If you are struggling to obtain compensation from your car insurance company, or they have claimed you obtained the policy fraudulently, TSR Injury Law is here to help. Give us a call today to schedule a free consultation. We may be able to help and there are no upfront fees for our services. We do not get paid unless you receive compensation at the end of the legal process.

Minnesota’s Frozen Liability Rule

Minnesota’s No-Fault Automobile Insurance Act has a section that has been referred to as a frozen liability statute. According to the statute (65B.49 Subdivision 3. (3)(a)):

Insurance carriers have absolute liability for any injury or damage that is covered by the policy. Absolute liability is not waived based on statements made by or on behalf of the policyholder. Nothing the policyholder said or did before or after the crash, including fraudulent statements, could void the policy.

For example, if you said you would be the sole operator of your vehicle when you bought your policy, but then allowed someone else to operate it, the insurer may claim fraud. However, you should still be eligible for coverage after a crash.

However, it is important to note, the law only requires insurance companies to pay statutorily required minimum coverage. If you purchased $100,000 in personal injury protection, you would only be able to obtain $30,000, because that is the minimum required by law. The insurance policy itself may contain a fraud exclusion that limits your coverage – however, sometimes parts of insurance policies can be successfully challenged in a courtroom.

The frozen liability rule is consistent with legislators’ public policy interest in crash victims having a source of compensation. Allowing insurers to rescind coverage would almost defeat the purpose of minimum coverage requirements.

Is There an Argument for Obtaining Full Coverage?

This is a question you should discuss with a licensed Bloomington auto accident lawyer, as this is a complex issue. If you were in a serious crash, the cost of treating your injuries may very well exceed the minimum coverage limits. If the insurance policy will not cover those damages, you may have to pay them out of your own pocket.

You should seek out an experienced attorney for help, as he or she is more likely to be familiar with recent cases where this issue has come up, or he or she will have the resources and/or staff to research similar situations to see how they may help with your case.

At TSR Injury Law, we have obtained over a billion on behalf of our clients, including millions for car crash victims. We have taken on a wide variety of car crash cases and have extensive knowledge of relevant laws.

We are ready to aggressively work to hold insurance companies accountable and try to obtain maximum compensation for your damages. We are fully prepared to go to court to attempt to recover the compensation you need, unlike some attorneys who may be unable or unwilling to say that. It is important to be represented by an attorney with the resources and knowledge to fight for full compensation on your behalf.

Need Legal Help? Give TSR a Call Today

Crash victims could greatly benefit from a meeting with a licensed attorney. At TSR, this initial meeting is free and there is no obligation to hire our firm. We take cases on contingency, which means there are no attorney fees unless you receive compensation.

Learn more by calling (612) TSR-TIME. We are here to help.

Car crashes are almost always started by one vehicle hitting another one. Often, the driver who crashed into the other car is found at fault for the accident.

Sometimes, a car accident is not caused by a collision. If another driver brakes or changes lanes unexpectedly, you may swerve or brake to avoid hitting that car. If your reaction causes you to crash into another car, or a car collides with you, you have just been in a no-contact car crash. There are many other examples of no-contact car accidents.

No-contact crashes usually do not occur without the negligence of another driver, even though that driver did not hit your vehicle. However, you could also get into an accident because of a defective part or negligent repair work. In those types of cases, you may have grounds for a product liability claim against a product manufacturer or a negligence claim against the mechanic.

Much like victims of hit-and-run accidents, victims of no-contact crashes may wonder if they can pursue compensation for their injuries and other losses. The answer to this question is based on various factors, which you should discuss with your Bloomington car accident lawyer. The initial consultation with an attorney from TSR is free.

Causes of No-Contact Crashes

There are many reasons a no-contact crash could occur. Here are some of the most common:

No-contact crashes may also involve fixed objects, and not just other vehicles. For example, you could maneuver to avoid a collision and hit a tree or a road sign. You could also hit a concrete light post.

Often, the driver who caused you to crash is unaware of what happened. This person is likely to just keep on driving without looking back. That is why these drivers are sometimes referred to as phantom drivers, because they essentially disappear after the crash happens.

Filing a No-Contact Car Crash Claim

Sometimes other drivers realize they contributed to a collision and they stop at the scene. If this happens, you may be able to file a claim the same way you would for any other type of crash. Minnesota is a no-fault state so you would turn to your personal injury protection coverage to pay for medical expenses, lost wages and replacement services.

Minnesota also requires drivers to purchase uninsured motorist coverage in case they are involved in an accident with a driver who lacks insurance. This coverage can also be used for a hit-and-run collision since a no-contact crash is considered a type of hit-and-run crash. However, it does not cover damage to your vehicle.

Steps After the Crash

Make sure to call the police at the scene so they can investigate and complete a report. They may also be able to locate the driver if you can provide a description of the driver and/or the vehicle he or she was in. Immediately after the crash, jot down what you remember about the vehicle that instigated the crash before you forget, particularly the license plate of the vehicle. Some insurance companies have disclaimers that if you do not call the police and make a report you cannot make an uninsured motorist claim.

Ask for the contact information of any witnesses at the scene. You can also record your conversation with them, with their permission of course.

Our attorneys can talk to the insurance company on your behalf. However, if they may contact you before you talk to a lawyer, it is important to be very careful with what you say. They are likely to ask you to describe what happened, and certain things you say could make it sound like you are to blame for what happened.

Avoid statements like:

While some of these statements may be true, they may have no bearing on the crash. The attorneys at TSR Injury Law are focused on your best interests. The information we discuss is confidential, which means the insurance company cannot gain access to it.

If you make statements like the ones above to the insurance company, they will likely try to pin the crash on you, or at least say you are partially to blame.

Our attorneys are committed to ensuring you are not assigned more fault than you deserve. Any fault you are assigned reduces the value of any settlement you may be awarded.

Injured in a No-Contact Crash? We are Here to Help

Our experienced attorneys have extensive knowledge of Minnesota laws that apply to no-contact car crashes, including laws on insurance coverage and partial fault for an injury.

We are prepared to help you pursue maximum compensation and determine if you have a valid claim when you meet with us for your initial consultation. This meeting is free and there is no obligation for you to take legal action.

TSR has a proven track record of recovering compensation for car crash victims.

Need help? Give us a call today. (612) TSR-TIME

While medical bills, wage loss and pain and suffering are usually the largest percentage of the compensation from a car crash claim, the cost of repairing or replacing your vehicle can also be significant.  It is also usually the first part of the claim against the at-fault party to be settled.

Below, learn more about how the cost of repairing your vehicle is determined, along with how insurance companies determine what they will pay out when a car has been totaled.  It is important to make sure these figures are accurate – if your vehicle is totaled you need as much compensation as possible to help you get another one; if your vehicle can be fixed, you want to be sure the full cost is covered so you do not have to pay out of your own pocket to get it running again.

The licensed Minneapolis car accident lawyers at TSR Injury Law are dedicated to recovering maximum compensation for crash victims to help them cover medical costs, repair bills and other damages.  Over more than 20 years, we have recovered over a billion on behalf of our clients.

Cost of Repairing Your Vehicle

The first decision is which insurance company will handle the property damage.  The at-fault insurance carrier or your own?  As a general rule, if the at-fault party accepts 100 percent fault, they can handle the property claim.  If instead, the carrier is unknown (a hit-and-run crash or perhaps the driver was arrested, and his insurance is unknown) then you want to look to your own carrier.  If you have comprehensive collision coverage, your insurance will pay for the repairs.  However, if you do not have full coverage, then you need to find the other insurance carrier and clarify fault.  This is a good time to hire an attorney to assist with this initial fault fight.

The next question is: Can your vehicle be fixed or is it totaled?  If the cost of fixing your vehicle is less than 85 percent of the value of your car, the insurance company will usually want to fix the vehicle.  If you use your own carrier, a deductible may apply.  However, if the value of your vehicle and the cost of repairs are close to over 85 percent of the total value, the insurance company may declare your vehicle a total loss. If you have a dispute about this, our attorneys may be able to help you.

If the vehicle can be fixed, the third issue is where to get the repairs done.  If you have heard you are required to go to the repair shop your insurance company selects, this is not true.  You can choose where you take your vehicle to get repaired.  That said, the insurance company may require you to get two estimates.  You may want to do this anyway to be sure you are not overpaying for repairs.  If you end up overpaying, the insurance company may not cover all of it.

The insurance adjuster assigned to your claim will review repair estimates and work with the repair shop to make sure only related damage is repaired.  Insurance companies are notorious for paying out the least possible amount of compensation, which is why you should discuss any concerns you have with an experienced lawyer.  Usually, if a vehicle can be fixed, it will be fixed.  There is much more fighting over a totaled car’s worth.  The first offer you receive from the adjuster on your totaled vehicle is often just a starting point.  Your lawyer may be able to negotiate for more compensation.

Value of Your Vehicle After a Crash

How does the insurance adjuster determine the value of your vehicle when assessing if the vehicle is a total loss?

There are many factors to consider.  They include:

While consumers may rely on Kelley Blue Book, NADA and Edmund’s to determine a vehicle’s value, insurance companies may have their own proprietary valuation systems.  These systems are likely to favor the interests of the insurance company over providing more compensation for consumers.

That is why you should not just take the insurance company’s word for it.  Do your own research and talk to a lawyer.  The attorneys at TSR Injury Law can discuss your situation in a free consultation at no risk to you.

Insurance companies are counting on accident victims being unsure of their options and desperate for compensation, but you can take steps to try to protect your best interests.

Need Help with Your Car Crash Claim? Call Today

Our trusted attorneys are to answer your questions and determine how else we may be able to assist you.  There is no cost for an initial consultation and no upfront fees for taking your case or while we work on your case.  You pay nothing unless we recover compensation for your damages.

Learn more about how our firm may be able to assist you by calling today or completing our Free Case Evaluation form.  We have helped many car crash victims and have extensive knowledge of the many issues involved with these claims.

We are ready to take your call. No upfront fees. Phone: (612) TSR-TIME

It may seem inevitable that we will all be using self-driving cars in the not-too-distant future.  Approximately $80 billion is already invested in this technology.  It is predicted there will be tens of thousands of semi-autonomous vehicles on the road in just a few years.

The hope is that these vehicles could prevent tens of thousands of crashes and save a lot of lives.  Distracted driving would no longer be an issue because the people looking at their phones would not be the ones responsible for driving their cars.

Driverless cars can also return lost time to those who commute to work and provide more mobility for senior citizens, as well as those with mobility limitations.

However, are autonomous cars as safe as everyone seems to think?  Will self-driving cars prioritize human life the way other human beings do?

For example, an article from USA Today lays out a situation where a self-driving vehicle would need to decide what to do when a crash cannot be avoided:

As a self-driving vehicle approaches an incline, a school bus veers toward it.  The self-driving car does not have enough time to safely stop to avoid a collision, and the passenger does not have enough time to take control of the car.  What will the self-driving vehicle do?

• Swerve into the trees on the roadside, which could save the people on the bus but potentially kill the driver of the car that was built to be safe?
• Swerve around the bus and into the lane of oncoming traffic, which may save the driver of the self-driving car, but possibly cause the bus driver to swerve into the trees, endangering the driver and other occupants of the bus?
• Collide with the bus, which may kill both the driver of the self-driving car and people on the bus?

What are self-driving cars programmed to do in these situations?  Should the companies decide, or should the federal government set definitive guidelines for the entire nation?

No matter how the issue is regulated, manufacturers will likely need to program vehicles, so they know what to do to avoid a crash with a jaywalker, bicyclist or even a squirrel or other wild animal.

Those continuing to develop this technology will need to decide what objects self-driving vehicles identify and how to respond.  Could this involve millions of computer simulations to try to prevent the car from killing anyone?

Will Fully Autonomous Vehicles be Error-Free?

You may think most or all the potential problems with driverless vehicles will be addressed before all vehicles on the road are fully autonomous.  However, maybe the reason for some of the more recent crashes with semi-autonomous cars is that manufacturers are still figuring everything out.

Autonomous vehicles may not be able to prevent all crashes, particularly those related to human error.

For example, autonomous vehicles may have trouble avoiding some crashes with pedestrians.  If a pedestrian darts out into the road, a human driver may be more likely to react and prevent a crash.  Human drivers may think ahead of the emergency.  For example, most experienced drivers know to slow down and take extra precautions in a school zone.  How would a car know that?  The car might only react after a child runs into the road.

Driverless cars may also struggle with prediction errors, such as misjudgments about the speed of other vehicles or speed when there are poor road conditions.  Self-driving cars may not always react instantaneously to these situations.

If a bicycle rider suddenly veers into the path of an autonomous car, it may not respond quickly enough to avoid a collision.

Even those vehicles that have laser, radar and camera sensors make mistakes, according to Duke University robotics professor Missy Cummings.  This is especially true in States with inclement weather such as Minnesota.  Ice, snow, and rain all affect the laser, radar and camera technology.

Creating self-driving cars that drive just as well as people do is already a big challenge. These vehicles would need to be safer than cars with human drivers to deliver on the promises people have heard about autonomous vehicles.

Thousands of lives may be saved by this technology, but there will still be crashes, and people involved in these crashes will still suffer from injuries and other losses.

Were You in a Car Crash? Call for a Free Consultation

Our Minneapolis car accident attorneys may be able to help you seek compensation for damages.  There are no upfront fees and you are not obligated to hire our firm to represent you.

Learn more about how we may be able to assist you in a free consultation.  At TSR Injury Law, we have recovered millions on behalf of our clients.  Our attorneys hold memberships in various legal organizations, such as The National Trial Lawyers Association and the American Board of Trial Advocates.

Give us a call today. No upfront fees. (612) TSR-TIME

If someone asked you about the amount of coverage your car insurance may provide if you file a claim, how many details could you provide?  Would you know the different coverages you have available?

Unfortunately, most policyholders remember very little about what is written in their insurance policy.  After buying the policy, they may not take another look at it until they need to file a claim after a crash.  Even then they may just take the insurance company’s word for it about the coverage in their insurance policy and not check for themselves.

This is one of the reasons it is so important to hire a qualified lawyer to help you seek compensation.  The Minneapolis car crash lawyers at TSR Injury Law have decades of combined experience and a proven track record.  We have obtained over a billion in compensation for our clients.

What Drivers Know and Do Not Know About Car Insurance

In October 2017, The Zebra published a survey of 1,165 car insurance customers to assess how much they knew about their insurance policies.  Even though 81 percent of respondents think they have the insurance they need, few respondents were able to correctly identify common types of coverage.

In fact, nearly 45 percent of respondents did not know what coverage applies to a crash with another driver who does not have insurance.  The answer is: uninsured motorist coverage.

Just 35 percent of drivers knew damage to their vehicle may be covered by the at-fault driver’s liability coverage.

When asked about the purpose of car insurance, only 5.2 percent of respondents said the purpose was to pay their medical bills if they were injured in a crash.  Another 23 percent said their insurance would pay the other driver’s bills if they cause the other driver injury or property damage.

What Should You Know When Filing a Crash Claim?

It is important to know what your insurance covers and the limits of those coverages when filing a claim.  That way you know when the insurance company is being honest about whether damages are covered and whether your damages are less than or more than your coverage limits.

For example, as Minnesota is a no-fault state, you are required to have personal injury protection (PIP) coverage to pay for your own medical and wage loss damages from the crash.  This coverage applies regardless of who is at fault.  You should know how much PIP coverage you have.  You should know if you have “stacked” PIP coverage.

Knowing what is in your policy is particularly important if your claim is complicated.  For example, claims involving at-fault drivers who do not have insurance, or do not have enough insurance, are often difficult.

The more complex the claim, the more important it is to hire an experienced lawyer to represent you.  He or she can review your policy and deal with the insurance company on your behalf.  Our goal is to recover maximum compensation and hold the insurance company to the terms of your policy.

Reviewing Your Insurance Policy

People often learn a lot about car insurance when they are shopping for a policy and when they pick one.  However, once they start paying premiums, they may not look at their policy again until they need to file a claim.  Even if they do look at it, they may not understand what is in it.

Remember, you can always call the insurance company to ask for more information about your insurance policy, even if you are not filing a claim.  You can even ask about the factors involved in setting rates and ways to save money on your policy.

If you want to increase your coverage, you will likely increase your premiums.  However, you can increase your deductible to help lower your premiums.  The deductible is the amount you are required to pay before your insurance coverage kicks in.  Deductibles can be for collision coverage or even the wage and medical coverages.  Some police even have “drop down” provision that give less coverage to your family if they are in the vehicle with you.  Agents do not always even know these exist.

TSR Injury Law is Here to Help. Call Today.

We have helped many car crash victims pursue compensation for medical expenses and other damages.  We have successfully recovered millions on their behalf and are ready to help you.

You can get answers to your legal questions and learn more about the services we provide in a free initial consultation.  If we validate your case and you hire one of our attorneys, we are prepared to guide you through the legal process.  This means dealing with the insurance company on your behalf and pursuing full compensation, up to the limits of the insurance policies involved.

TSR Injury Law. No Upfront Fees. Ph: (612) TSR-TIME.

It may seem inevitable that cars driven by human beings will be phased out and replaced by self-driving vehicles.  How quickly will this happen?  That depends on many factors, particularly how safe self-driving cars are.

The goal with self-driving vehicles is to make them not just as safe as, but safer than cars driven by people.  Unfortunately, drivers are not that safe, as they are prone to distractions, drowsy driving, drunk driving, texting, speeding and other forms of negligence or recklessness.

Below, learn more about how safe self-driving cars have become, not just how well they sense and avoid hazards, but also the risks that still need to be addressed.

What Does the Research Say?

By 2018, self-driving cars had already gone through millions of miles of road tests.  These tests have shown there is great potential for self-driving vehicles to be safer than cars driven by human beings.

The idea behind these automated vehicles is that they are intended to avoid the mistakes and recklessness of human drivers, such as disobeying traffic laws, speeding or drifting out of a lane.  Some research has shown self-driving cars do a good job detecting other vehicles and obstacles.

However, self-driving vehicles often struggle to detect pedestrians.  Weather conditions also present added difficulty for safety.  Heavy rainfall, snowfall, ice and other inclement weather cause major problems with self-driving vehicle sensors.  It is fair to say that a self-driving car in Minnesota would not be as safe as one in Texas just based on weather.  Unfortunately, it can be easy to fool self-driving cars, possibly resulting in a dangerous crash.

Tesla Autopilot Accidents

While there are no fully autonomous vehicles on our nation’s roads, some Tesla models have an Autopilot feature that makes them semi-autonomous.  In some ways, semi-autonomous is even more dangerous than fully autonomous technology.  Driver’s get a false sense of security and do not pay attention.  Unfortunately, as of January 2020, there had been three fatal crashes involving Tesla vehicles with the Autopilot feature engaged.  For example, in March 2019, a Tesla Model 3 crashed into a truck towing a trailer and the roof of the car was sheared off.  Neither the driver nor the Autopilot took action to try to avoid the crash.

AAA Study

Many vehicle manufacturers besides Tesla have active driver assistance systems that manage acceleration, braking and steering.  A study recently released by AAA found these systems experienced some type of problem every eight miles, such as:

Researchers studied 4,000 miles of real world driving to determine what the problems were. The vehicles included in the study were:

Who can be Held Liable for a Self-Driving Car Crash?

As there are no fully autonomous vehicles on the road, the more relevant question is whether a vehicle manufacturer can be held liable for problems with features that assist drivers.  While each situation is unique, it may be difficult to hold a manufacturer liable, as drivers are still supposed to be paying attention, even while autonomous features are engaged.  One of the biggest issues with the current state of “self-driving” cars is that they do not actually self-drive.  Maybe they assist, but when the driver has a false sense of autonomy, the driver does not pay attention and crashes happen.  There are many videos of drivers sleeping or watching a movie in a “self-driving” car.  Until vehicles are 100 percent truly self-driving, the drivers need to pay attention as if there they were driving a regular vehicle.

If you were injured in a crash while autonomous features were engaged, you should strongly consider meeting with an experienced Bloomington car accident attorney to discuss legal options.  We know how to determine liability and whether you may have a valid claim.

Call Today to Schedule a Free Legal Consultation

If you or a loved one was injured in a car crash, you could greatly benefit from talking to a licensed attorney about your potential legal options.  The attorneys at TSR Injury Law have obtained millions in compensation on behalf of car crash victims.

The consultation with one of our licensed attorneys is completely free of charge, with no obligation for you to hire our firm.  If we find you have a valid case and you hire us to represent you, there are no upfront fees for our services.  We do not get paid unless you get paid.  That means there is no risk in contacting us to discuss your crash.

Have questions? Call (612) TSR-TIME today.

Fear, anxiety and confusion are just some of the emotions crash victims often experience.  Car insurance companies know this all too well, and they know how to use this to their advantage to try to avoid paying out fair compensation to crash victims.

Insurance adjusters know how to mislead auto accident victims, particularly on the phone.  They talk to crash victims all the time, so they know how to trick you into making statements they can use against you.  Below, learn more about misleading statements auto insurance companies often make when talking to crash victims.

The Minneapolis auto accident lawyers at TSR Injury Law have recovered over a billion in compensation for injury victims throughout the state.  This includes millions in compensation for car crash victims. Schedule an initial consultation today.

‘We Are on Your Side’

Insurance companies know crash victims are more likely to trust them if they feel the insurance company is on their side.  That is why they act friendly on the phone and may express concern over your injuries.  They may call to check up on you or ask if there is anything that they can help you with.

Understand, the insurance company’s goal is always to make a profit.  They make a profit by collecting premiums and paying out as little as possible when a claim is made.  Their goal is not to “help” you.  It is to settle as quickly and cheaply as possible.  If you feel they like you and care about you, you will settle for less out of trust.

‘We Want to Resolve This as Quickly as Possible’

While it may be true that the insurance company wants to resolve things quickly, they want to pay out as little as possible.  That is why they may offer you a settlement early in the process.  They know you need compensation for medical bills and other damages, and you may be willing to take it.  They also know you are unfamiliar with the legal process and that it is very difficult to calculate the full value of a claim so early in the process.

It is important to discuss the situation with an experienced attorney.  An initial consultation with an attorney from our firm is confidential and free.  We are dedicated to the best interests of our clients.

‘You Must Give a Recorded Statement’

When an insurance company asks for a recorded statement, you should think about why they are asking for one.  They may say it is part of the process and it can help move things along.  However, they often ask for this early in the process before you have completed your medical treatment and before the investigation of the accident has concluded.

The truth is you do not need to agree to provide a recorded statement.  Insurance companies can gather the proper documentation from police reports and medical records.  You should also discuss these requests with a licensed attorney, as he or she can advise you on what to say to protect your claim.

The problem with a recorded statement is it could be contradicted by statements you make later in the process.  You could also say things the insurance company could use against you, such as statements that make it seem like you are partially at fault.  Insurance adjusters know how to ask leading questions that often cause crash victims to say things they are unsure of.  This could damage your credibility.

‘You Are Partially at Fault’

You can still recover compensation for damages if you are partially at fault.  However, your final compensation award may be reduced by your percentage of fault.  That is why the insurance company will look for any reason to assign partial fault for the crash.  Even a 10% reduction of your claim is worth it to them because they try to reduce thousands of claims by 10% for “just being on the road.”

You need to be careful when discussing the accident.  Statements like, “I was in a rush” or “I should have been more careful” could be all the insurance company needs to assign you fault.

You should not take the insurance company’s word for it about your role in the accident.  You may be partially at fault, but this is something to discuss with your attorney.  He or she is dedicated to obtaining maximum compensation and working to prevent you from being assigned more fault than you deserve.

‘Lawyers Are Very Expensive’

The insurance company wants you to think this because they know if you hire an experienced attorney, he or she will pursue full compensation.  They know your attorney will negotiate and not accept lowball offers.

The truth is: your initial consultation is free of charge and our attorneys are not paid unless you receive compensation.  You can discuss how our lawyers are compensated in a free initial consultation.  People with attorney representation receive triple the compensation, on average, versus those with no legal help.  Even after paying the contingent fee to your attorney, you are out ahead.

See How TSR Injury Law May Be Able to Help You

Need help after a car crash?

Attempting to recover compensation on your own is a tall order, and the insurance company is dedicated to paying out the least possible amount of compensation.  They know how to manipulate crash victims into admitting fault or accepting a lowball settlement offer.

Our attorneys are dedicated to pursuing maximum compensation and holding the insurance company and at-fault driver accountable.

TSR Injury Law. Licensed. Local. Lawyers. Call today: (612) TSR-TIME.