Frequently asked questions
Plain answers to the questions Minnesota accident victims ask us most — about insurance, No-Fault benefits, settlements and your rights.
I've been in a collision. What should I do?
The first thing to do is exchange contact and insurance information with the other driver(s). This is a vital first step: if you had the opportunity to get the other person's information and didn't, you may be barred from obtaining a recovery for your pain and suffering.
Once you have the other party's information, notify both your insurance company and their insurance company that there has been a collision — then call us as soon as possible.
Do I have to sue someone to recover for my injuries?
No. That decision is yours to make. Generally, we can work with the insurance company to obtain a settlement for your injuries. Unfortunately, it's not unusual for insurance companies to make offensively low offers, which leaves you with a difficult decision about whether to sue the other driver.
Even if you decide to sue, it doesn't necessarily mean your case will go to trial. Issues are often worked out before trial, which allows the insurer to make a much more reasonable offer to settle your claim.
Why do I need an attorney?
There are many pitfalls in Minnesota when it comes to automobile insurance. An attorney can help you determine the correct course of action to obtain the maximum settlement.
Insurance companies are in business to make money. We've seen them repeatedly refuse to make reasonable offers until an attorney is involved. An attorney who focuses on personal injury knows how to gather the right information and present your injuries so the insurer can properly evaluate what they believe a "fair" settlement to be.
After you settle, you may also owe money to your health insurer — even if you receive Medicare or other government assistance. An attorney can analyze your insurer's contract, determine what, if anything, they are owed, and negotiate an appropriate resolution of their lien.
Who pays for my vehicle damage?
It depends. If you have collision coverage, your insurance company will pay for your car damage using its adjusting software, which may or may not fairly represent your actual damage. The best thing to do is take your vehicle to a body shop and let them deal with your insurance company.
If you didn't have collision coverage, you'll need to seek compensation from the at-fault driver's insurance. (If you were at fault, this doesn't apply.) The at-fault driver's company may delay payment while it conducts a reasonable investigation. If it refuses to pay and you believe the other driver was at fault, you can take the other driver to conciliation court.
Who pays for my medical bills, wage loss, and pain and suffering?
Minnesota is a No-Fault state. Regardless of whose fault the accident was, as long as you had insurance at the time of the collision you may be entitled to up to $20,000 for medical bills and $20,000 for wage loss (85% of your lost wages, up to $500 per week) and replacement services. Some policies allow stacking: if you have two or more vehicles and elected this coverage, your No-Fault benefits are doubled.
Even though the Minnesota Supreme Court has said injured people are entitled to No-Fault benefits upon reasonable proof of loss, more and more insurers are denying benefits in the hope that you'll simply go away. M. Ryan Madison is experienced with No-Fault issues and can work to get your benefits reinstated after they've been cut off.
Once you've healed — or your treating doctor confirms you won't get any better — we can pursue the other driver's liability insurance. The minimum liability coverage in Minnesota is $30,000, and many people drive with minimal coverage.
If the other driver is uninsured, or your injury is worth more than their policy, every Minnesota auto policy is required to include uninsured/underinsured motorist coverage. Depending on your circumstances, we may be able to pursue those benefits too. These decisions are made case by case and require careful analysis of your facts and Minnesota law.
I wasn't injured in a car accident. Can I still recover anything?
Yes! M. Ryan Madison has obtained very good results for clients injured through the negligence of store employees, and in slips and falls on ice, water and other foreign objects that simply shouldn't have been there.
Most home and landowner policies include a med-pay provision: regardless of fault, if you're injured on another person's property your medical bills are paid up to a certain amount — often only $1,000 to $3,000. If you believe another person is at fault, talk with us so we can analyze the facts of your case under Minnesota's ever-changing landowner liability laws.
Can I leave my medical expenses "open" as a condition of my settlement?
No. Some attorneys settle cases as quickly as possible to make quick money and move on. M. Ryan Madison settles cases when they're ready — when your doctor agrees you're better, won't get any better, or will be permanently injured.
There are ways to be reimbursed for future medical expenses at the time of settlement. We'll discuss that with you before settling your case.
Why should I hire Ryan Madison?
Ryan is a caring and compassionate attorney who treats each client as a human being. He has obtained judgments for injured people of up to $3,000,000 and many settlements of over $100,000. He has experience in all aspects of personal injury matters, up to and including trials, and has served as an arbitrator on many No-Fault arbitration disputes.
Ryan is honest and straightforward. He'll give you a fair assessment of your case, and if you choose to hire him, he'll give your case the attention it deserves.
Have a question that isn't here?
Every case is different. Tell us what happened and we'll talk it through.