Minnesota · Comparative fault · Updated Oct 2026

Comparative fault in Minnesota: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Minnesota, the law behind it and how insurers apply it.

Short answer

In Minnesota, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Minn. Stat. § 604.01, subd. 1 (you recover if your fault is not greater than the other side's; damages are cut by your share)
Insurance system
No-fault

Insurance and small claims in Minnesota

No-fault for injuries. Your own basic economic loss benefits (PIP) pay at least $40,000 per person: $20,000 medical and $20,000 for lost income, replacement services and similar losses.

Small claims limit for car damage in Minnesota: $20,000 in Conciliation Court since July 1, 2024. Minnesota small claims guide on Small Claims Map

How fast an insurer must handle a claim in Minnesota

  • Insurers must acknowledge a claim within 10 business days, reply to your communications within 10 business days, and accept or deny the claim within 30 business days after notice unless they explain why more time is needed (Minn. Stat. § 72A.201, subd. 4).
  • Agreed settlements must be paid within 5 business days (§ 72A.201, subd. 5(5)).

More facts for Minnesota

  • The 6-year deadline for negligence and property damage is among the longest in the country (Minn. Stat. § 541.05).

If the insurer says you were partly at fault

  1. Get the police report. Fill out Crash Record Request Form PS2503 and submit it in person at Driver and Vehicle Services or a full-service deputy registrar office, or by mail. Reporting a crash in Minnesota and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Minnesota Department of Commerce (insurance consumer services).
  4. Sue before the deadline: 6 years for both property damage and injury. Deadlines to sue in Minnesota, with the calculator

Who pays in Minnesota: fault and payout explainer

Modified comparative fault (51% bar)In Minnesota, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Minnesota

Questions about comparative fault in Minnesota

Is Minnesota a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Minn. Stat. § 604.01, subd. 1 (you recover if your fault is not greater than the other side's; damages are cut by your share)

Does fault still matter in Minnesota's no-fault system?

Minnesota is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. No-fault for injuries. Your own basic economic loss benefits (PIP) pay at least $40,000 per person: $20,000 medical and $20,000 for lost income, replacement services and similar losses.

Where can I complain if an insurer blames me unfairly in Minnesota?

Minnesota Department of Commerce (insurance consumer services): https://mn.gov/commerce/ · 651-539-1600 (complaints line)

How fast must an insurer handle a car insurance claim in Minnesota?

Insurers must acknowledge a claim within 10 business days, reply to your communications within 10 business days, and accept or deny the claim within 30 business days after notice unless they explain why more time is needed (Minn. Stat. § 72A.201, subd. 4). Agreed settlements must be paid within 5 business days (§ 72A.201, subd. 5(5)).

How do I get the police report in Minnesota?

Fill out Crash Record Request Form PS2503 and submit it in person at Driver and Vehicle Services or a full-service deputy registrar office, or by mail. Only people involved in the crash (or their lawyer or insurer with a signed release) can get it. Cost: $5. Reports are available about three weeks after the crash. https://dps.mn.gov/divisions/dvs/contact/driver-and-vehicle-records-requests/request-crash-report

More for Minnesota drivers

Nearby states

Sources

Last checked: Oct 24, 2026.