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If you were a passenger involved in a motor vehicle accident (MVA) in Minnesota, you are entitled to medical and income loss benefits under Minnesota’s No-Fault Act.  However, there is a priority of who pays for a passenger’s no-fault benefits.

Who will pay for my no-fault benefits?

(1) Do you have No-Fault Insurance?

If you have no-fault insurance, your insurance company will pay for your medical and income loss benefits if you were a passenger in a MVA.  Your insurance company will pay regardless of who was at fault and even if you did not own one of the cars involved in the accident.  Your coverage will come from your insurance company and the coverage will be the same benefits you would be entitled to if you were the driver in a MVA.

                (2) What if I don’t own an insured vehicle at the time of the accident?

If you do not own an insured vehicle at the time of the accident, the next level of priority for paying your no-fault benefits will come from a family member you live with who owns an insured vehicle.  Again, the benefits will be the same as stated above—the same coverage as if you were the driver in the MVA.

                (3) What if I don’t live with someone who owns an insured vehicle?

If you don’t own an insured vehicle and you do not live with someone who owns an insured vehicle, then the next level of priority for paying for your benefits will come from the vehicle you were in at the time of the accident.  Again, the same no-fault benefits will apply.

                (4) What if the vehicle I was in at the time of the accident is not insured?

If you don’t own an insured vehicle, do not live with someone who owns an insured vehicle, and the vehicle you were in at the time of accident was not insured, then you may still be entitled to No-Fault coverage through Minnesota’s Assigned Risk Plan.

What is included with No-Fault benefits?

Minnesota’s No-Fault insurance covers a variety of expenses when you are involved in a MVA.

(1) A minimum of $20,000 for medical expenses, including medical treatment, chiropractic treatment, prescription medications, and mileage to and from your treatment appointments; and

(2) $20,000 for a combination of income loss, replacement services, funeral expense loss, and survivor’s loss.

Can I obtain additional benefits from the driver at fault in the accident?

Yes! Typically, you can sue the driver or owner of the vehicle that was at fault in causing the accident.  The reason you would sue the driver/owner of the vehicle at fault would be to provide additional compensation for medical benefits and wage loss and pain and suffering benefits beyond the No-Fault coverage.   There are some limitations on when and how to bring a claim of this sort and you will likely need an attorney to assist you with this process.

How do I activate these benefits?

To activate the process of receiving medical and income loss benefits, you need to file a personal injury form with your insurance company.

Can my insurance company contest my claim for medical benefits?

Yes, insurance companies can contest your claim for medical and income loss benefits.  This part of the process is complicated and you will likely need an attorney to help you through the process.


I have handled hundreds of cases through jury trials, court trials, administrative proceedings, and Google has ranked our firm as a five-star business.

Every insurance company and policy is different, and a personal injury attorney can assist you in dealing with your insurance company, making these claims, and recovering your medical and income loss benefits.  For more information regarding any medical or income loss benefits claims you may have, feel free to contact Katherine Brown Holmen, personal injury, worker’s compensation, and wrongful death attorney at Dudley and Smith P.A..  Katherine has over 24 years of experience and has worked on thousands of medical and income loss benefit claims .  If you are a passenger who has been involved in an accident and want to recover medical and income loss benefits , please contact Katherine Brown Holmen at 651-291-1717 or by email at  Dudley and Smith, P.A. is a full service law firm with offices in St. Paul, Blaine, Bloomington, Burnsville, Chanhassen, White Bear Lake, and Woodbury.

Katherine Brown HolmenKatherine grew up in Minnesota and has lived there for most of her life. However, she did attend the University of North Dakota School of Law, where she was a dedicated student who graduated and passed the Minnesota Bar Examination to become a lawyer by the age of 24. Since her graduation she has worked exclusively as a personal injury lawyer in the Minnesota area, gaining great experience from a huge number of cases, as well as a reputation among her fellow attorneys as a top ranking attorney in personal injury actions in the State of Minnesota.

December 2017 Client Review.

“I wrote you a thank you card but decided that my writing wasn’t grand to say the least (shaky).  I like to thank you for your work on our case which has been so very difficult for our family in so many ways.  Thank you for sticking with us.  With so many adversities, we were so pleased to be dealing with a lawyer of honesty.  Our best to you, and thank you for your continued assistance wrapping this up.  We wish you and your family much happiness over the holidays and hope you will get a break coming up.  Warm regards.”

She is a strong advocate for people who have suffered injuries because of another person’s negligence and is always keen to fight for justice on their behalf. She represents people who’ve suffered injuries or were the victim of wrongful death throughout Minnesota in the following areas:

  • Motor Vehicle Accidents
  • ATV and Snowmobile Accidents
  • Airplane Accidents
  • Train Accidents
  • Boating Accidents
  • Pedestrian Accidents
  • Claims Against Bars for Over-Serving
  • Dog Bites
  • Wrongful Deaths
  • Injuries to Children
  • Nursing Home Accidents
  • Construction Accidents
  • Defective product Accidents
  • Work Place Accidents
  • School Accidents
  • Gun Accidents
  • Farm Accidents
  • Assaults
  • Slip, Trip and Fall Accidents
  • Appellate Law
  • Worker’s Compensation

We invite you to schedule a free initial consultation to learn more about our personal injury practice. If you cannot come to us, we will come to you in your home or in the hospital.