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Minnesota car accident law: deadlines, fault and your claim

Minnesota is a no-fault state with a six-year deadline for most injury lawsuits; pain-and-suffering claims need $4,000 in medical bills or a serious, lasting injury.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Minnesota you generally have 6 years from the crash to sue for injuries or vehicle damage, but only 3 years from the date of death for a wrongful death claim. Minnesota is a no-fault state: your own Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary pays medical bills and lost income first, whoever caused the crash. You can sue for pain and suffering only if your medical expenses exceed $4,000 or the crash causes permanent disfigurement, permanent injury, death, or disability for 60 days or more.

Minnesota law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury6 yearsMinn. Stat. § 541.05, subd. 1(5)
Vehicle or property damage6 yearsMinn. Stat. § 541.05, subd. 1(4)
Wrongful death3 yearsfrom the date of deathMinn. Stat. § 573.02, subd. 1
Shared fault51% bar Modified comparative fault (51% bar)Minn. Stat. § 604.01, subd. 1

Your fault is compared with the fault of the person you are suing, so you may be barred against a defendant who is less at fault than you.

Key facts

Injury lawsuit deadline
6 years
Vehicle damage deadline
6 years
Wrongful death deadline
3 years, from the date of death
Fault rule
Modified comparative: barred if more at fault than the defendant
Notice to a city or county
Within 180 days of discovering the injury
Minimum liability insurance
$30,000 per person, $60,000 per crash, $10,000 property
Insurance system
No-fault, with $40,000 of PIP per person
Traffic deaths in Minnesota, 2024
477 people
Lawyer referral
Minnesota Lawyer Referral and Information Service (MNLRIS)

Filing deadlines in Minnesota#

Minnesota Statutes section 541.05 sets a Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 6 years for negligence claims, including most car-crash injury and vehicle damage lawsuits.

ClaimDeadlineLaw
Personal injury6 yearsMinn. Stat. § 541.05, subd. 1(5)
Damage to your vehicle or other property6 yearsMinn. Stat. § 541.05, subd. 1(4)
Wrongful death3 years from the date of death, and no later than 6 years after the crashMinn. Stat. § 573.02, subd. 1
Claim against a city or countyWritten notice within 180 days (1 year for a death)Minn. Stat. § 466.05
Claim against the StateNotice to the attorney general within 180 daysMinn. Stat. § 3.736

For an injured child, the clock is paused while the child is a minor, but the extra time cannot run more than one year past the child's 18th birthday. This pause is a form of Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

Before suing a city, county or other local government, the law requires written notice of the time, place and circumstances, the employees involved and the amount demanded, to the governing body of the city or county. Actual notice of enough facts can count as compliance, and time while the injured person is incapacitated by the injury is not counted. Recovery from a city or the State is capped at $500,000 per claimant and $1,500,000 per occurrence.

How fault is shared in Minnesota#

Under section 604.01, your damages are reduced by your share of the fault, and you can recover only if your fault is not greater than the fault of the person you are suing. Minnesota compares your fault with each defendant separately, so with two other drivers you may recover from one and not the other.

Fault does not affect your own no-fault benefits, which are paid whoever caused the crash. Try the fault-rule explainer to compare Minnesota with other states.

Insurance in Minnesota#

Minnesota drivers must carry liability insurance of at least $30,000 per person and $60,000 per crash for injuries, plus $10,000 for property damage. Every policy also carries first-party coverage:

CoverageMinnesota rule
Personal injury protectionRequired: $40,000 per person ($20,000 medical and $20,000 income loss and other non-medical benefits)
Uninsured motoristRequired: $25,000/$50,000
Underinsured motoristRequired: $25,000/$50,000

If you later win a negligence case, the court subtracts no-fault benefits paid or payable from what you recover, so you are not paid twice for the same loss. Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary matters too: the Insurance Information Institute estimates 11.3% of Minnesota drivers were uninsured in 2023, against 15.4% nationally. The Minnesota Department of Commerce takes insurance complaints at 651-539-1600 (complaints); 1-800-657-3602 (Greater Minnesota). Our guide to who pays medical bills explains what happens when PIP runs out.

After a crash in Minnesota#

Minnesota law says each driver must notify the local police (or, outside a city, the State Patrol on a trunk highway or the county sheriff) by the quickest means after a crash that injures or kills someone. A peace officer who investigates must submit a crash report to the Department of Public Safety within 10 days.

Copies must be provided by the Department of Public Safety, a driver and vehicle services full-service provider or the law enforcement agency, on request, to people involved in the crash, the representative of a deceased person's estate, other injured people, and their lawyers and insurers. The fee is $5. Under state law, the report must not be used as evidence in any trial, civil or criminal, so the facts in it have to be proven another way, such as through witnesses and photos. See our police report guide for how insurers use the report.

Special rules in Minnesota: when you can sue#

Minnesota uses a Serious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary. Under section 65B.51, you can claim pain and suffering only if:

  1. Your medical expenses are more than $4,000, not counting diagnostic X-rays and rehabilitation; or
  2. The injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more.

"Disability" here means the inability to engage in substantially all of the injured person's usual and customary daily activities. If neither test is met, PIP is the main source of payment for your injury losses. Vehicle damage claims are not limited by the threshold. See pain and suffering for how these damages are valued.

Crashes on Minnesota roads#

The Insurance Institute for Highway Safety counted 477 crash deaths in Minnesota in 2024, or 8.2 per 100,000 people, compared with 11.5 per 100,000 people nationally. Rural roads accounted for 58% of the deaths, and speeding played a part in 29%. An estimated 23% of the drivers killed had a blood alcohol concentration of 0.08 g/dL or higher.

Finding a lawyer in Minnesota#

The Minnesota bar associations run the Minnesota Lawyer Referral and Information Service (MNLRIS) through its website. Its referral counselors can set up appointments with private attorneys, and free 30-minute legal consultations are available. See our guide to lawyer referral services.

Before you hire anyone, use the lawyer search of the Office of Lawyers Professional Responsibility to check that the lawyer is licensed in Minnesota and whether they have public discipline.

Questions people ask

What is the statute of limitations for a car accident in Minnesota?

Generally 6 years for injury and vehicle damage claims based on negligence. Wrongful death claims must be filed within 3 years of the death, and claims against a city or county need written notice within 180 days.

Is Minnesota a no-fault state?

Yes. Your own policy pays basic economic loss benefits of up to $40,000 per person, whoever caused the crash. You can sue the at-fault driver for pain and suffering only if you meet the medical expense or serious injury threshold.

When can I sue for pain and suffering in Minnesota?

When your medical expenses, not counting diagnostic X-rays and rehabilitation, are more than $4,000, or the crash caused permanent disfigurement, permanent injury, death, or disability for 60 days or more.

Can I recover if I was partly at fault in Minnesota?

Yes, against any defendant whose fault is at least as great as yours. Your damages are reduced by your percentage of fault.

How do I get a crash report in Minnesota?

Ask the Department of Public Safety, a driver and vehicle services full-service provider or the police agency that investigated. People involved in the crash, their lawyers and insurers can get a copy for $5.

Can a Minnesota crash report be used in court?

No. State law says the report must not be used as evidence in any trial, civil or criminal. Insurers still read it, and the facts in it can be proven through witnesses.

Sources

  1. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 65B.51 — tort threshold and deduction of no-fault benefits
  2. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 541.15 — deadlines for minors
  3. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 466.05 — notice to local governments
  4. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 3.736 — claims against the State
  5. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 169.09 — crash notice, reports and copies
  6. Minnesota Lawyers Professional Responsibility Board, Resources for the Public — lawyer referral service
  7. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 541.05 — as of October 2026
  8. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 573.02 — as of October 2026
  9. Minnesota Office of the Revisor of Statutes, Minn. Stat. § 466.04 — as of October 2026
  10. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  11. NHTSA, Drunk Driving (risky driving page) — as of October 2026
  12. Minnesota Lawyers Professional Responsibility Board, Helpful Tips for Hiring a Lawyer — as of October 2026
  13. Minnesota Statutes, Section 65B.49 (security; residual liability; uninsured and underinsured motorist) — as of October 2026
  14. Minnesota Statutes, Section 65B.44 (basic economic loss benefits) — as of October 2026
  15. Minnesota Department of Commerce, Home page — as of October 2026
  16. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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