MINNESOTA COURT RULES
MISCELLANEOUS
Minnesota No-Fault, Comprehensive orCollision Damage Automobile InsuranceArbitration Rules
Rule 5.Initiation of Arbitration
(a)Right to Arbitrate.
At such time as the respondent denies a claim, the respondent shall advise the claimant of claimant's right to demand mandatory arbitration of claims which are within the jurisdictional limit set forth in Rule 6, and whether or not respondent is willing to submit the claim to nonmandatory arbitration for claims exceeding the limit set forth in Rule 6. In all cases the respondent shall also advise the claimant that information on arbitration procedures may be obtained from the arbitration organization, giving the arbitration organization's current website address, mailing address, phone number, and email address.
(b)Constructive Denial of Claim.
If a respondent fails to respond in writing within 30 days after reasonable proof of the fact and the amount of loss is duly presented to the respondent, the claim shall be deemed denied for the purpose of these rules.
(c)Commencement of Arbitration.
To commence arbitration, a claimant must serve on respondent by electronic means the arbitration petition form and evidence of either respondent's denial of claim or Rule 5(b) constructive denial. A self-represented claimant may serve respondent by mail. The petition form must be signed. The petition must also bear a signed certification specifying the email address, fax number, or mailing address used to serve respondent, as well as the date transmitted to or placed in the mail to respondent. On request, the arbitration organization will provide a claimant with a petition form for initiating arbitration together with a copy of these rules.
Simultaneously with service, the claimant shall file with the arbitration organization the petition with all attachments and pay the required filing fee and arbitrator compensation fee deposit. The arbitration organization will not accept the filing until the required filing fee and deposit has been paid.
The claimant must also timely serve and file an Itemization of Claim with supporting documentation in accordance with Rule 5(f).
(d)Multiple Respondents.
If the claimant asserts a claim against more than one insurer, claimant shall so designate upon the arbitration petition. In the event a respondent claims or asserts that another insurer bears some or all of the responsibility for the claim, respondent shall file a petition identifying the insurer and setting forth the amount of the claim that it claims is the responsibility of another insurer. Regardless of the number of respondents identified on the claim petition, the claim is subject to the jurisdictional limits set forth in Rule 6.
(e)Commencement Notice.
The arbitration organization shall provide a courtesy notice to all parties of the commencement of the arbitration. For purposes of these rules, an arbitration is considered commenced on the date the claimant serves the petition on respondent, regardless of the date on which the commencement notice is issued. An arbitration will not be considered commenced on the date of service of a defective petition form unless a corrected petition is served within 7 days thereafter.
(f)Itemization of Claim.
At the time of commencement of the arbitration or within 30 days thereafter, the claimant shall serve and file an itemization of benefits claimed and supporting documentation. Medical and replacement services claims must detail the names of providers, dates of services claimed, and total amounts owing. Income-loss claims must detail employers, rates of pay, dates of loss, method of calculation, and total amounts owing. Comprehensive and collision damage claims must detail the method of calculation and total amounts owing.
Failure to serve and file an itemization and supporting documents within these 30 days shall not be the basis for a bar to or dismissal of such claims. In the event a claimant does not serve and file the Itemization of Claim and supporting documents at least 30 days prior to the scheduled hearing date, the respondent may request postponement of the hearing at claimant's expense, which shall be granted if requested at least 20 days prior to the scheduled hearing date, and may otherwise be granted by the arbitrator subject to Rule 15.
(g)Insurer's Response.
Within 30 days after claimant serves respondent with the Rule 5(f) Itemization of Claim and supporting documentation, respondent shall serve on claimant by electronic means a response to the petition setting forth all grounds upon which the claim is denied, accompanied by all documents supporting their denial. A self-represented claimant who has not provided contact details by which to be served electronically may be served by mail.
The respondent shall simultaneously file with the arbitration organization the response with all attachments and pay the required filing fee and arbitrator compensation fee deposit. The arbitration organization will not accept the filing nor allow respondent access to participate in the case on the electronic filing system until the required filing fee and deposit has been paid.
(h)Amendments.
A claimant must amend the petition with any claims not identified in the initial Itemization of Claim, however, a claimant is not required to amend the petition with amounts that continue to accrue after commencement on claims otherwise identified on the Itemization of Claim. The amended claim remains subject to the jurisdictional limits set forth in Rule 6. To amend the petition, the claimant must serve and file an Amended Itemization of Claim and supporting documentation.
A respondent must amend the response with any grounds for denial or documents supporting denial not included in the initial response. To amend the response, the respondent must serve and file an Amended Response and supporting documentation.
An amendment made by any party will not alter the commencement date.
In the event a party serves an amendment less than 30 days prior to the scheduled hearing date, the opposing party shall be given a reasonable amount of time to review and respond to the amendment if so requested. The arbitrator may hold the record open, postpone the hearing, or allow additional time by other just and equitable means.
(Amended September 12, 1991; amended effective August 31, 1993; amended effective May 19, 1997; amended effective August 5, 2003; amended effective March 1, 2016; amended effective December 30, 2022; amended effective August 4, 2026.)
Standing Committee Comments (2015)
The addition of an e-mail address, in Rule 5(c), is consistent with the trend of facilitating electronic communication. The term "executed" is removed from Rule 5(c) to avoid redundancy.
The purpose of the change in Rule 5(e) is to streamline the filing process and provide a clear "filing date" for purposes of Rule 5(g), the Insurer's Response.
The rules consistently use "arbitration organization" when referring to the administrator.