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QuestionInsurance Question  My son had and accident in Minnesota and we live in Iowa. There were two other people in the car with him and they had some injuries. My insurance company is saying that since it happened in Minnesota we need to go by their insurance law, which is no fault. So they are saying the other people have to go to their insurance companies to collect for the medical bills. They are telling us that you have to go by the laws of whatever state the accident happens in. Is this right?

AnswerAuto Insurance Answer

Yes, when you drive out of your licensing state and the one in which you are insured in, then normally your insurance then conforms to the insurance laws of the state in which you are visiting or traveling through. Thus in your situation since your son is a driver from Iowa that was in an accident in Minnesota, the MN law governs the underlying tort actions.

Minnesota is a no fault state so those that are injured go through their own auto insurance policies' personal injury protection (PIP). If a passenger in a vehicle does not carry auto insurance then normally they can place their claim against the car owner's insurance policy.

Out of state accidents and their claims typically conform with the state insurance laws of the state in which the accident occurred so if the passengers in your son's vehicle have their own auto insurance policies they should inform them of the accident and see how to place a claim.

In Minnesota no-fault (PIP) covers your medical costs, wage loss, replacement services such as housekeeping, and in the event of death, $2,000 of funeral expenses. If expenses then prove greater than the PIP limit on your policy, or you attain specified thresholds, you may make a claim against the other driver’s liability coverage if the other driver is found to be liable.

Minimum MN no-fault coverage is $40,000. That amount is available to each person injured in an accident; $20,000 is allowed for medical expenses and $20,000 may be used for non-medical expenses. This information should be helpful to your son and his passengers as they approach their own insurance carriers for claims for their injuries.

If more advise is needed on how to handle the claims attached to this out of state accident the Iowa Insurance Division and / or the Minnesota Department of Commerce should be contact to give consumer help. These agencies are the insurance regulators for each state.

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