Tarshish ILR Minnesota No Fault Insurance: What is a Motor Vehicle?
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Minn. Stat. 65B.58 allows a person who "converts a motor vehicle" to collect no-fault benefits only from an insurance contract under which the "converter" is an insured. The "converter" is barred from claiming no-fault benefits from the policy on the stolen car or from any other source. | Minn. Stat. 65B.58 allows a person who "converts a motor vehicle" to collect no-fault benefits only from an insurance contract under which the "converter" is an insured. The "converter" is barred from claiming no-fault benefits from the policy on the stolen car or from any other source. | ||
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Latest revision as of 15:48, 8 April 2011
Minn. Stat. 65B.43 subd 2. provides that a "Motor vehicle" means every vehicle, other than a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or motor for use primarily upon public roads, highways or streets in the transportation of persons or property, and includes a trailer with one or more wheels, when the trailer is connected to or being towed by a motor vehicle.
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Exclusions
Motorcycles
A motorcycle itself is not a motor vehicle, under the No-Fault Act. Minn. Stat. 65B.43, subd. 2. Further, even if the accident occurs when a motorcycle is involved in an accident with a "motor vehicle", such injuries sustained by occupants of the motorcycle do not arise out of the "maintenance or use of a motor vehicle" under the No-Fault Act.
Other Exclusions
Intentional Injuries
A person causing or attempting to cause injury to self or another person is disqualified from receiving no-fault benefits. Minn. Stat. 65B.60. However, the victim of the intentional act would receive benefits. See McIntosh v. State Farm Mut. Auto. Ins. Co., 488 N.W.2d 476 (Minn. 1992).
Races
No-fault benefits will not be given for injuries in the course of "an official racing contest" or in "practice or preparation" for such a race. Minn. Stat. 65B.59.
Theft
Minn. Stat. 65B.58 allows a person who "converts a motor vehicle" to collect no-fault benefits only from an insurance contract under which the "converter" is an insured. The "converter" is barred from claiming no-fault benefits from the policy on the stolen car or from any other source.