Auto Accident Damage Conciliation Court MN
If your car is damaged in an accident caused by another driver, the best resolution is auto insurance. When the other driver admits fault, their insurance will pay for the damage to your vehicle. If the other driver was not at fault or denies fault, your insurance will pay for your damage. (If you have collision coverage “full coverage.”)
However, what if you only have liability coverage on your vehicle and the other driver denies fault or doesn’t have auto insurance? In those cases, how do you get the other driver to pay for your damage? Sometimes, the only way to resolve a car damage issue like this is through the court system. One option may be to sue the other driver in Minnesota Conciliation Court.
Minnesota Conciliation Court will take cases up to $15,000 and doesn’t require a lawyer. In fact, they discourage use of a lawyer.
One thing you must keep in mind, however, is that you can only sue the other driver once. This means that you should NOT sue for damage to your car, even in conciliation court, if you were injured. Instead, you should wait to determine the full extent of your injury. Then, you can sue for the car damage and injury at the same time. If you have any questions about your car accident, call our office and speak with an attorney for a free consultation.
2013 Minnesota Statutes
491A.01 ESTABLISHMENT; POWERS; JURISDICTION.
Subdivision 1. Establishment.
The district court in each county shall establish a conciliation court division …
Subd. 2. Powers; issuance of process.
The conciliation court has all powers and may issue process as necessary …
Subd. 3a. Jurisdiction; general.
(a) Except as provided in subdivisions 4 and 5, the conciliation court has jurisdiction … if the amount of money or property that is the subject matter of the claim does not exceed: (1) $15,000.
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(c) … The territorial jurisdiction of conciliation court is coextensive with the county in which the court is established. The summons in a conciliation court action under subdivisions 6 to 10 may be served anywhere in the state. Also, the summons in a conciliation court action may be served outside the state in the manner provided by law.
The court administrator shall serve the summons in a conciliation court action by first class mail. However, if the amount of money or property that is the subject of the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail. Additionally, service on nonresident defendants must be made in accordance with applicable law or rule.
Subpoenas to secure the attendance of nonparty witnesses and the production of documents at trial may be served anywhere within the state.
When a court administrator is required to summon the defendant by certified mail under this paragraph, the summons may be made by personal service in the manner provided in the Rules of Civil Procedure.
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Subd. 7. Jurisdiction; foreign defendants.
(a) If a foreign corporation is subject by law to service of process in this state or is subject to service of process outside this state under section 543.19, a conciliation court action may be commenced against the foreign corporation:
(1) in the county where the corporation’s registered agent is located;
(2) in the county where the cause of action arose, if the corporation has a place of business in that county; or
(3) in the county in which the plaintiff resides, if the corporation does not appoint or maintain a registered agent in this state. Also, if the corporation withdraws from the state, or the certificate of authority of the corporation is canceled or revoked.
(b) If a nonresident other than a foreign corporation is subject to service of process outside this state under section 543.19, a conciliation court action may be commenced against the nonresident in the county in which the plaintiff resides.
Subd. 8. Jurisdiction; multiple defendants.
The conciliation court also has jurisdiction to determine a civil action commenced against two or more defendants in the county in which one of the defendants resides. In addition, counterclaims may be commenced in the county where the original action was commenced.
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For conciliation court rules, see http://www.mncourts.gov/Documents/0/Public/Rules/GRP_Tit_VI_01-01-2010.pdf
For more information about auto accidents, click here. Of course, if you have been involved in a car accident in MN, call us and speak with a lawyer. We will provide a free consultation about your case.