Hit by an Uninsured Driver in Minneapolis-St. Paul: Your Rights and Options

When you discover the other driver has no insurance, the police report becomes your most critical piece of evidence. Call 911 and wait for the Minneapolis Police, St. Paul Police, or Minnesota State Patrol to arrive. The officer will document the crash, collect statements, and record the other driver's information, including the fact that they could not provide proof of insurance. Under Minnesota's No-Fault Act (Minn. Stat. § 65B.49), all drivers must carry minimum liability insurance. Driving without it is a misdemeanor in Minnesota.

Get the report number before officers leave. You will need this report to file a UM claim with your own insurer. If the other driver fled the scene — which uninsured drivers do more frequently because they know they are breaking the law — the police report documents the hit-and-run, which activates your UM coverage under most policies. Uninsured drivers involved in crashes also face immediate consequences: under Minn. Stat. § 169.797, operating a motor vehicle without required insurance is a misdemeanor punishable by a fine of up to $1,000, up to 90 days in jail, or both, plus license revocation.

Minnesota law requires that any crash involving injury or property damage exceeding $1,000 be reported to the Minnesota Department of Public Safety within 10 days. Contact the Minneapolis Police Department at (612) 673-3000 (non-emergency) or the St. Paul Police Department at (651) 291-1111 (non-emergency) for your report number. For crashes on highways, call the Minnesota State Patrol at *55 from a cell phone.

Minnesota's no-fault PIP system is your first financial safety net after being hit by an uninsured driver. Under Minn. Stat. § 65B.44, your own PIP insurance covers up to $20,000 in medical expenses and $20,000 in wage loss benefits (85% of your income, capped at $500 per week). These benefits are paid by your own insurer regardless of who caused the crash and regardless of whether the other driver had insurance. File your PIP claim immediately — do not wait to determine the other driver's insurance status.

PIP covers medical treatment, ambulance transportation, rehabilitation, and diagnostic testing. It also covers income replacement if your injuries prevent you from working. Your insurer must pay PIP benefits within 30 days of receiving proof of loss. If your insurer delays or denies valid PIP claims, you may be entitled to additional damages. PIP is your bridge to financial stability while you pursue the larger UM claim.

Keep every medical receipt, wage statement, and document related to your injuries. These records support both your PIP claim and your subsequent UM claim. Minnesota PIP benefits have a time limit — they cover expenses incurred within a certain period after the accident. See your doctor promptly and follow the recommended treatment plan without gaps.

Your UM claim is where the real recovery happens. Minnesota requires every auto policy to include UM coverage at a minimum of $25,000 per person and $50,000 per accident (Minn. Stat. § 65B.49, subd. 3a). Many drivers carry higher UM limits — check your declarations page. Unlike PIP, which covers only economic losses, your UM claim can include pain and suffering, emotional distress, loss of enjoyment of life, and all other damages you would normally recover in a liability claim against the at-fault driver.

Filing a UM claim feels odd because you are making a claim against your own insurance company. But UM coverage exists precisely for this situation — it steps into the shoes of the uninsured driver's nonexistent liability policy. Your insurer will evaluate the claim as if they were the at-fault driver's insurer: they will assess fault, review your medical records, calculate your damages, and make a settlement offer.

Be aware: your own insurer does not have your best interests at heart in a UM claim. They are paying the claim, so they have an incentive to minimize it. Do not accept the first offer. Do not give a recorded statement without understanding your rights. Your insurer may argue you were partially at fault, that your treatment was excessive, or that your injuries are not as severe as you claim. This is adversarial — treat it accordingly.

Yes. You have every legal right to file a personal injury lawsuit against the uninsured driver in Minnesota. The 6-year statute of limitations (Minn. Stat. § 541.05) applies. If your injuries meet the tort threshold under Minn. Stat. § 65B.51 — $4,000 or more in medical expenses, 60+ days of disability, permanent injury, permanent disfigurement, or death — you can pursue a claim for pain and suffering and all other damages.

The practical challenge is collection. A driver who does not carry insurance often lacks the assets to pay a judgment. You may win a $100,000 verdict and never collect a dollar. Minnesota allows judgment creditors to garnish wages, place liens on property, and seize certain assets — but if the driver has no income, no property, and no savings, the judgment is worthless. This is why UM coverage is so important: it guarantees a solvent insurer stands behind your claim.

There are situations where suing the uninsured driver makes sense: if they own a home, have a steady job, or have other assets. Your attorney can run an asset check before deciding whether to pursue a lawsuit alongside your UM claim. In some cases, the threat of a lawsuit and wage garnishment motivates the uninsured driver to contribute to a settlement, even if the amount is modest.

Minnesota is one of the strongest states in the country for protecting crash victims from uninsured drivers. Under Minn. Stat. § 65B.49, subd. 3a, every auto insurance policy issued in Minnesota must include both uninsured motorist (UM) and underinsured motorist (UIM) coverage. This is not optional — insurers must include it, and you cannot waive it. The minimum UM/UIM limits are $25,000 per person and $50,000 per accident, matching the minimum bodily injury liability limits.

Underinsured motorist (UIM) coverage is equally important. UIM kicks in when the at-fault driver has insurance but not enough to cover your damages. If the at-fault driver carries Minnesota's minimum $30,000 per person liability coverage but your damages are $75,000, your UIM coverage pays the difference up to your UIM limits. Many drivers carry UM/UIM limits of $100,000, $250,000, or even $500,000. Check your policy — higher UM/UIM limits are among the most cost-effective upgrades in auto insurance.

One limitation: Minnesota prohibits UM/UIM stacking (Minn. Stat. § 65B.49, subd. 3a(5)). If you have multiple vehicles on your policy, you cannot combine the UM coverage from each vehicle to increase your total available coverage. You are limited to the UM limits on a single vehicle. However, if you are injured as a passenger in someone else's vehicle, that vehicle's UM coverage may also apply, depending on the circumstances.

Hit-and-run crashes are more common with uninsured drivers because they know they face legal consequences for driving without insurance. If the driver fled, call 911 immediately. Try to note the vehicle's make, model, color, license plate (even a partial plate), and direction of travel. Ask witnesses for the same information. Check nearby businesses for surveillance cameras that may have captured the vehicle.

Your UM coverage typically covers hit-and-run crashes, but some policies require physical contact between the vehicles. If the other driver swerved into your lane and caused you to crash without making physical contact, check your policy language carefully. Minnesota courts have generally required physical contact for UM hit-and-run claims, though legislative updates may affect this. Your PIP coverage applies regardless of whether the other driver is identified.

File the police report as quickly as possible. The more information you provide, the better the chances of identifying the driver. Minneapolis and St. Paul police can check license plate databases, review traffic camera footage, and canvass the area for surveillance video. Even if the driver is never identified, your UM claim proceeds based on the evidence that an uninsured or unknown driver caused the crash.

Want to understand your options after being hit by an uninsured driver in Minneapolis-St. Paul? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including how your UM coverage applies, whether your injuries meet the tort threshold, and the strength of your claim.

Being hit by an uninsured driver is frustrating because you did nothing wrong and the person who caused the crash left you holding the bag. Minnesota's mandatory UM system ensures you are not left without recourse. You do not have to navigate the UM claims process alone. Start with the Injury Claim Check. It is free, confidential, and designed for people in exactly your situation.