MINNESOTA GUIDE 17
Minnesota Comparative Fault & Crash Liability
Minnesota uses modified comparative fault. Under Minn. Stat. § 604.01, contributory fault does not bar recovery if the claimant’s fault is not greater than the fault of the person against whom recovery is sought; any damages allowed are reduced in proportion to the claimant’s fault.
- Identify all potentially responsible drivers, owners, employers, public entities and other actors.
- Preserve physical, electronic and witness evidence before fault is allocated.
- Distinguish fault allocation from Minnesota’s separate no-fault/PIP benefit rules and tort threshold.
- Apply the current comparative-fault statute together with controlling Minnesota appellate authority.
Primary Minnesota Source
Minn. Stat. § 604.01 — Comparative Fault
Current-law review: September 16, 2026. Fault allocation can reduce or bar tort recovery and should be analyzed separately from first-party no-fault benefits.
VictimsGuide 