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So Who Pays No-Fault Benefits?
Posted by: euser
December 26, 2006
Topic: Minnesota No-Fault Law
The priority system under which an insurance company must pay no-fault benefits is described in Minn. Stat. § 65B.47. The general rule is provided in Subdivision 4, which provides the following:
(a) The security for payment of basic economic loss benefits applicable to injury to an
insured is the security under which the injured person is an insured.
(b) The security for payment of basic economic loss benefits applicable to injury to the driver or other occupant of an involved motor vehicle who is not an insured is the security covering that vehicle.
(c) The security for payment of basic economic loss benefits applicable to injury to a person not otherwise covered who is not the driver or other occupant of an involved motor vehicle is the security covering any involved motor vehicle. An unoccupied parked vehicle is not an involved motor vehicle unless it was parked so as to cause unreasonable risk of injury.
The statute also provides three general exceptions to the general rule:
Subsection 1 states that if a person is injured occupying a motor vehicle while that vehicle is being used "in the business of transporting persons or property," the injured person must seek no-fault benefits from the insurer of the occupied vehicle.
Subsection 2 also provides that an injured person must seek benefits from the insurer of the occupied vehicle if that vehicle was "furnished by the employer."
Finally, Subsection 3 provides that any person not occupying a motor vehicle, such as a pedestrian or a bike rider, who is injured by a vehicle "in the business of transporting persons or property" or a vehicle "furnished by the employer," the injured person must go to the insurer of the vehicle .
In all of these exceptions, if the occupied vehicle does not have coverage, the injured person may then make a no-fault claim to their own insurance company.
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