Tarshish ILR Minnesota No Fault Insurance: Uninsured and Underinsured Motorist Coverage

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Minn. Stat. 65B.43 provides the following relevant sections defining Uninsured and Underinsured Motorists and Coverage:

Subd. 16. Uninsured motor vehicle. "Uninsured motor vehicle" means a motor vehicle or motorcycle for which a plan of reparation security meeting the requirements of sections 65B.41 to 65B.71 is not in effect.

Subd. 17. Underinsured motor vehicle. "Underinsured motor vehicle" means a motor vehicle or motorcycle to which a bodily injury liability policy applies at the time of the accident but its limit for bodily injury liability is less than the amount needed to compensate the insured for actual damages.

Subd. 18. Uninsured motorist coverage. "Uninsured motorist coverage" means coverage for the protection of persons insured under that coverage who are legally entitled to recover damages for bodily injury from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles.

Subd. 19. Underinsured motorist coverage. "Underinsured motorist coverage" means coverage for the protection of persons insured under that coverage who are legally entitled to recover damages for bodily injury from owners or operators of underinsured motor vehicles.

Uninsured Motorist (UM)

  • This is a MANDATORY coverage
  • $25,000/$50,000 minimum (Per occurrence and per accident (per claimant))
    • $30,000/$60,000 is generally what is written, but not the mandatory minimum.
  • For an Uninsured Motorist Claim: Need to show 1) the elements of a tort claim and 2) that there was uninsured motorist.

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