Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith
9. Damages
10. Stacking Allegations
11. Prayer for Relief
12. Verification

Caption

STATE OF MINNESOTA

DISTRICT COURT — [JUDICIAL DISTRICT] JUDICIAL DISTRICT

COUNTY OF [COUNTY NAME]

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Minnesota, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Minnesota, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Minn. Stat. § 484.01 (District Court general jurisdiction).

5. Venue is proper in [COUNTY] County pursuant to Minn. Stat. § 542.09 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant transacts business in this county].

6. The amount in controversy exceeds $50,000.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [COUNTY] County, Minnesota.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Violation of Minn. Stat. § 169.[SPECIFIC TRAFFIC STATUTE]
☐ Other: [________________________________]

10. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

11. Plaintiff has met the tort threshold under Minn. Stat. § 65B.51 in that [☐ Plaintiff's medical expenses exceed $4,000 / ☐ Plaintiff suffered permanent injury / ☐ Plaintiff suffered permanent disfigurement / ☐ Plaintiff was disabled for 60 or more days].

Policy Identification and Coverage

12. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

13. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

14. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

15. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

16. Plaintiff's Basic Economic Loss ("BEL") / No-Fault benefits under Minn. Stat. § 65B.44 have been [☐ exhausted / ☐ applied as applicable], in the amount of $[BEL AMOUNT].

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident within the meaning of Minn. Stat. § 65B.49, in that [☐ the at-fault motorist had no liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer is insolvent / ☐ the at-fault motorist's insurer has denied coverage].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than the UIM limits of Plaintiff's Policy, thereby qualifying as an underinsured motorist under Minn. Stat. § 65B.49, subd. 3a.

19. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

20. Defendant Insurer was given written notice and the opportunity to consent to the settlement or advance the tortfeasor's policy limits, as required by the Policy.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

21. Plaintiff incorporates by reference all preceding paragraphs.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith

26. Plaintiff incorporates by reference all preceding paragraphs.

27. Under Minnesota law, an insurer owes a duty of good faith and fair dealing to its insured in the handling of claims.

28. Defendant Insurer breached its duty of good faith by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without a reasonable basis
☐ Failing to promptly make a reasonable settlement offer when liability is clear
☐ Compelling Plaintiff to initiate litigation to recover amounts due
☐ Misrepresenting policy terms or applicable law
☐ Other: [________________________________]

29. Defendant Insurer's conduct was undertaken in bad faith, entitling Plaintiff to consequential damages and, if Defendant Insurer's conduct was undertaken with knowledge that the claim was valid, taxable attorney's fees under Minn. Stat. § 604.18.

Damages

30. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Disability and disfigurement: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Consequential damages for bad faith
☐ Prejudgment interest under Minn. Stat. § 549.09
☐ Attorney's fees and costs

Stacking Allegations

31. ☐ Stacking Applicable: The Policy insures [NUMBER] vehicles. The Policy [does not contain / contains unenforceable] anti-stacking provisions. Accordingly, Plaintiff is entitled to stack UM/UIM limits across all insured vehicles, for total available limits of $[STACKED LIMIT].

32. ☐ Stacking Not Applicable: The Policy contains a valid anti-stacking provision limiting recovery to the single highest applicable limit of $[SINGLE VEHICLE LIMIT].

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For consequential damages arising from Defendant Insurer's bad faith;
4. For prejudgment interest under Minn. Stat. § 549.09;
5. For attorney's fees and costs;
6. For costs and disbursements of this action; and
7. For such other and further relief as this Court deems just and equitable.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues triable of right.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury that the foregoing is true and correct.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], Atty. Reg. No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Minnesota [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Minnesota

Sources and References

• Minn. Stat. § 65B.49 — Minnesota Revisor of Statutes
• Minn. Stat. § 65B.49 — Justia
• Minnesota UM/UIM Practice Guide — McEllistrem Fargione