Tarshish ILR Minnesota No Fault Insurance
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== Minnesota No-Fault Automobile Insurance Act == | == Minnesota No-Fault Automobile Insurance Act == | ||
| - | '''No-Fault Automobile Insurance''' is required by law in Minnesota. In contrast to its name, no-fault coverage does not mean that nobody is responsible for the damages | + | '''No-Fault Automobile Insurance''' is required by law in Minnesota. In contrast to its name, no-fault coverage does not mean that nobody is responsible for the damages resulting from an automobile accident. No-Fault coverage plans cover the [[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Who_is_an_"insured"?|Insured’s]] medical expenses up to the limits of the no-fault policy in the event that injuries are sustained in an automobile accident. Included in this mandatory coverage are liability limits which must be met. Minnesota residents cannot register a vehicle unless they have a policy with $30,000 for bodily injury liability for one person, $60,000 for two people or more, and $10,000 to cover damages to another person’s property. Further, an insured must also have [[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Uninsured_and_Underinsured_Motorist_Coverage|Uninsured and Underinsured Motorist]] protection equaling $25,000 for injuries sustained by one person, and $50,000 per occurrence. |
| - | Included in this mandatory coverage are liability limits which must be met. Minnesota residents cannot register a vehicle unless they have a policy with $30,000 for bodily injury liability for one person, $60,000 for two people or more, and $10,000 to cover damages to another person’s property. Further, an insured must also have [[Uninsured | + | |
| + | [https://www.revisor.mn.gov/statutes/?id=65B Minn. Stat. 65B.41-65B.71] comprise the Minnesota No-Fault Automobile Insurance Act. Policies of automobile insurance must comply with the requirements of the statute. A policy may, however, extend benefits beyond the mandates of the statute. ''Pavel v. Norseman Motorcycle Club, Inc.'', 362 N.W.2d 5(Minn. Ct. App. 1985). | ||
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| + | [https://www.revisor.mn.gov/statutes/?id=65B.46 Minn. Stat. 65B.46] provides the basic description of when a claim to no-fault benefits will arise. Generally, a person suffering injuries arising out of the maintenance or use of a "motor vehicle" has a right to benefits. Also, a pedestrian struck by a motorcycle has a right to no-fault benefits. | ||
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| + | [[File:caraccidentnofault.jpg]] | ||
==Purpose for Minnesota's No-Fault Act== | ==Purpose for Minnesota's No-Fault Act== | ||
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==No-Fault Questions== | ==No-Fault Questions== | ||
| - | *What is a Motor Vehicle? | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_What_is_a_Motor_Vehicle?|What is a Motor Vehicle?]] |
| - | *Who is an "insured"? | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Who_is_an_"insured"?|Who is an "insured"?]] |
| - | *Where is an "insured" covered (geographically)? | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Where_is_an_"insured"_covered_(geographically)?|Where is an "insured" covered (geographically)?]] |
| - | *Priorities: | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Priorities:_Which_company_pays_no_fault?|Priorities: Which company pays no fault?]] |
| - | *What No-Fault Benefits do people get? | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Priorities:_What_No-Fault_Benefits_do_injured_people_get?|What No-Fault Benefits do injured people get?]] |
==Other No-Fault Topics== | ==Other No-Fault Topics== | ||
| - | *Stacking | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Stacking|Stacking]] |
| - | *Tort Claims and Limits Imposed upon them by the No-Fault Act | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Tort_claims_and_limits_imposed_upon_them_by_the_No-Fault_Act|Tort Claims and Limits Imposed upon them by the No-Fault Act]] |
| - | *Uninsured Motorist Coverage | + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Uninsured_and_Underinsured_Motorist_Coverage|Uninsured and Underinsured Motorist Coverage]] |
==Important Sections from Minnesota's No-Fault Act== | ==Important Sections from Minnesota's No-Fault Act== | ||
| + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Definitions |65B.43. Definitions]] | ||
*[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Basic_Economic_Loss_Benefits |65B.44. Basic Economic Loss Benefits]] | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Basic_Economic_Loss_Benefits |65B.44. Basic Economic Loss Benefits]] | ||
| + | *[[Tarshish_ILR_Minnesota_No_Fault_Insurance:_Deduction_of_basic_economic_loss_benefits;_Limitation_on_right_to_recover_damages |65B.51. DEDUCTION OF COLLATERAL BENEFITS FROM TORT RECOVERY; LIMITATION ON RIGHT TO RECOVER DAMAGES]] (Internal Link) | ||
| + | *[https://www.revisor.mn.gov/statutes/?id=65B.51 65B.51 DEDUCTION OF COLLATERAL BENEFITS FROM TORT RECOVERY; LIMITATION ON RIGHT TO RECOVER DAMAGES.] | ||
| + | *[https://www.revisor.mn.gov/statutes/?id=65B.46 65B.46 RIGHT TO BENEFITS.] | ||
| + | |||
| + | ==Additional Sources== | ||
| + | *[https://www.revisor.mn.gov/statutes/?id=65B Minnesota's Office of the Revisor of Statutes], specifically statutes dealing with the No Fault Insurance Act. | ||
| + | *[http://www.lawmoose.com/index.cfm?action=library.&topic=mn235924 LawMoose], providing important cases in no fault insurance. | ||
| + | *[http://www.maacb.org/ Minnesota Automobile Assigned Claims Bureau] | ||
| + | *[http://minnesotaaccidentlawyer.blogspot.com/2009/02/stacking-minnesota-no-fault-insurance.html Stacking Minnesota No-Fault Insurance Coverage], authored by Matthew Brenengen, Esq. | ||
| + | *[http://scholar.google.com/ Google Scholar], useful for looking up many of the relevant cases referenced in this No Fault Wiki. | ||
| + | *[http://www.lawlibrary.state.mn.us/ Minnesota State Law Library] | ||
| + | *[http://heinonline.org/HOL/Page?handle=hein.journals/wmitch24&div=39&g_sent=1&collection=journals Hein Online], displaying ''No-Fault Tort Thresholds: The Plaintiff's Perspective''; Weiner, Michael L., 24 Wm. Mitchell L. Rev. 985 (1998). | ||
| + | *[http://www.hfllaw.com/pmcellistrem.htm Prof. Paul McEllistrem] is the expert source who has been the inspiration for this wiki and provided the knowledge basis for this wiki author's understanding of no fault insurance. | ||
Latest revision as of 16:21, 8 April 2011
Contents |
Minnesota No-Fault Automobile Insurance Act
No-Fault Automobile Insurance is required by law in Minnesota. In contrast to its name, no-fault coverage does not mean that nobody is responsible for the damages resulting from an automobile accident. No-Fault coverage plans cover the Insured’s medical expenses up to the limits of the no-fault policy in the event that injuries are sustained in an automobile accident. Included in this mandatory coverage are liability limits which must be met. Minnesota residents cannot register a vehicle unless they have a policy with $30,000 for bodily injury liability for one person, $60,000 for two people or more, and $10,000 to cover damages to another person’s property. Further, an insured must also have Uninsured and Underinsured Motorist protection equaling $25,000 for injuries sustained by one person, and $50,000 per occurrence.
Minn. Stat. 65B.41-65B.71 comprise the Minnesota No-Fault Automobile Insurance Act. Policies of automobile insurance must comply with the requirements of the statute. A policy may, however, extend benefits beyond the mandates of the statute. Pavel v. Norseman Motorcycle Club, Inc., 362 N.W.2d 5(Minn. Ct. App. 1985).
Minn. Stat. 65B.46 provides the basic description of when a claim to no-fault benefits will arise. Generally, a person suffering injuries arising out of the maintenance or use of a "motor vehicle" has a right to benefits. Also, a pedestrian struck by a motorcycle has a right to no-fault benefits.
Purpose for Minnesota's No-Fault Act
The requirements of Minnesota's No-Fault Automobile Insurance Act were enacted to serve multiple purposes.
(1) to relieve the severe economic distress of uncompensated victims of automobile accidents within this state by requiring automobile insurers to offer and automobile owners to maintain automobile insurance policies or other pledges of indemnity which will provide prompt payment of specified basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident;
(2) to prevent the overcompensation of those automobile accident victims suffering minor injuries by restricting the right to recover general damages to cases of serious injury;
(3) to encourage appropriate medical and rehabilitation treatment of the automobile accident victim by assuring prompt payment for such treatment;
(4) to speed the administration of justice, to ease the burden of litigation on the courts of this state, and to create a system of small claims arbitration to decrease the expense of and to simplify litigation, and to create a system of mandatory intercompany arbitration to assure a prompt and proper allocation of the costs of insurance benefits between motor vehicle insurers;
(5) to correct imbalances and abuses in the operation of the automobile accident tort liability system, to provide offsets to avoid duplicate recovery, to require medical examination and disclosure, and to govern the effect of advance payments prior to final settlement of liability.
- See Minn. Stat. 65B.42 at Minnesota's Office of the Revisor of Statutes Website
No-Fault Questions
Other No-Fault Topics
Important Sections from Minnesota's No-Fault Act
- 65B.43. Definitions
- 65B.44. Basic Economic Loss Benefits
- 65B.51. DEDUCTION OF COLLATERAL BENEFITS FROM TORT RECOVERY; LIMITATION ON RIGHT TO RECOVER DAMAGES (Internal Link)
- 65B.51 DEDUCTION OF COLLATERAL BENEFITS FROM TORT RECOVERY; LIMITATION ON RIGHT TO RECOVER DAMAGES.
- 65B.46 RIGHT TO BENEFITS.
Additional Sources
- Minnesota's Office of the Revisor of Statutes, specifically statutes dealing with the No Fault Insurance Act.
- LawMoose, providing important cases in no fault insurance.
- Minnesota Automobile Assigned Claims Bureau
- Stacking Minnesota No-Fault Insurance Coverage, authored by Matthew Brenengen, Esq.
- Google Scholar, useful for looking up many of the relevant cases referenced in this No Fault Wiki.
- Minnesota State Law Library
- Hein Online, displaying No-Fault Tort Thresholds: The Plaintiff's Perspective; Weiner, Michael L., 24 Wm. Mitchell L. Rev. 985 (1998).
- Prof. Paul McEllistrem is the expert source who has been the inspiration for this wiki and provided the knowledge basis for this wiki author's understanding of no fault insurance.