HF 2298

as introduced - 89th Legislature (2015 - 2016) Posted on 05/04/2015 03:01pm

A bill for an act
relating to insurance; limiting certain remedies of uninsured motorists; amending
Minnesota Statutes 2014, section 65B.51, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 65B.51, subdivision 3, is amended to read:

Subd. 3.

Limitation of damages for noneconomic detriment.

In an action
described in subdivision 1, no person shall recover damages for noneconomic detriment
unless:

(a) The sum of the following exceeds $4,000:

(1) reasonable medical expense benefits paid, payable new text begin , new text end or payable but for any
applicable deductible, plus

(2) the value of free medical or surgical care or ordinary and necessary nursing
services performed by a relative of the injured person or a member of the injured person's
household, plus

(3) the amount by which the value of reimbursable medical services or products
exceeds the amount of benefit paid, payable, or payable but for an applicable deductible
for those services or products if the injured person was charged less than the average
reasonable amount charged in this state for similar services or products, minus

(4) the amount of medical expense benefits paid, payable, or payable but for
an applicable deductible for diagnostic X-rays and for a procedure or treatment for
rehabilitation and not for remedial purposes or a course of rehabilitative occupational
training; or

(b) the injury results in:

(1) permanent disfigurement;

(2) permanent injury;

(3) death; or

(4) disability for 60 days or more.

(c) For the purposes of clause (a) evidence of the reasonable value of medical
services and products shall be admissible in any action brought in this state.

For the purposes of this subdivision disability means the inability to engage in
substantially all of the injured person's usual and customary daily activities.

new text begin (d) Except as provided in paragraph (f), in an action to recover damages arising out
of the operation or use of a motor vehicle, a person shall not recover noneconomic losses
to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and
other nonpecuniary damages if any of the following applies:
new text end

new text begin (1) the injured person was at the time of the accident operating the vehicle in
violation of sections 169A.20 to 169A.27 and was convicted of that offense;
new text end

new text begin (2) the injured person was the owner of a vehicle involved in the accident and the
vehicle was not insured as required by the financial responsibility laws of this state; or
new text end

new text begin (3) the injured person was the operator of a vehicle involved in the accident and the
operator cannot establish financial responsibility as required by the financial responsibility
laws of this state.
new text end

new text begin (e) Except as provided in paragraph (f), an insurer is not liable, directly or indirectly,
under a policy of liability or uninsured motorist insurance to indemnify for noneconomic
losses of a person injured as described in paragraph (d).
new text end

new text begin (f) In the event a person described in paragraph (d), clause (2), was injured by a
motorist who at the time of the accident was operating their vehicle in violation of sections
169A.20 to 169A.27 and was convicted of that offense, the injured person is not barred
from recovering noneconomic losses to compensate for pain, suffering, inconvenience,
physical impairment, disfigurement, and other nonpecuniary damages.
new text end