Can an Accident Lawyer in Rochester, MN Help Clients Collect More Than the Car Insurance Policy Maximum?

An Accident Lawyer in Rochester MN assists clients who have been injured in vehicle collisions caused by other drivers and find the at-fault driver’s insurer is not very cooperative. An important point to consider is that each insurance policy has a maximum limit for factors such as property damage and liability for injuries.

Low Liability Coverage

Unfortunately, this means a policy with a $30,000 bodily injury maximum will not pay more than that even if the injured person’s medical expenses are significantly higher. And, $30,000 is the minimum liability coverage required by Minnesota state law.

Asset Dissolution

If the at-fault driver has assets that can be dissolved to pay for expenses beyond what the insurance policy maximum is, an Accident Lawyer in Rochester MN can negotiate a settlement with that individual or file a lawsuit. Filing suit may result in a jury trial in which the jury or a judge awards a substantial amount of money to the plaintiff, for which the defendant then is liable.

Wage Garnishment

On the other hand, a person with this relatively low amount of liability coverage may not have very much, if anything, in the way of real estate, expensive vehicles, retirement accounts, stock holdings, or bank accounts. People generally choose their liability coverage level to protect their assets and avoid lawsuits. It must also be remembered that the driver who caused the accident is the insurance company’s customer. The insurer is not obligated to provide additional funds to the injured person.

After a lawyer with a firm like Rolsch Law Offices brings the case to trial, a judge may order wage garnishment so the at-fault driver gradually pays the money for which he or she is personally liable. This is only effective if the individual has a job and does not quit or lose that job.

No-Fault Coverage

Minnesota state law does require a certain amount of no-fault coverage in each automotive insurance policy, which helps drivers in these types of situations. However, that coverage only pays $20,000 maximum, which may not be enough even when combined with the other driver’s liability coverage. If the individual has health insurance, that coverage should pay for the bulk of any payments that are still due.