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Minnesota Legislature

Office of the Revisor of Statutes

SF 1951

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 08:54am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to insurance; limiting certain remedies of uninsured motorists; amending
Minnesota Statutes 2018, section 65B.51, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, 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, payablenew 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 deleted text beginclausedeleted text endnew text begin paragraphnew text end (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 is prohibited from recovering noneconomic
losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement,
and other nonpecuniary damages if:
new text end

new text begin (1) at the time of the accident the injured person was operating the vehicle in violation
of sections 169A.20 to 169A.27 and was subsequently 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 directly or indirectly liable
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) If 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 subsequently convicted of that offense, the injured person may recover
noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment,
disfigurement, and other nonpecuniary damages.
new text end