Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 589

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:09am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10

A bill for an act
relating to insurance; no-fault auto; modifying the limitation on damages for
noneconomic detriment; amending Minnesota Statutes 2010, section 65B.51,
subdivision 3.

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

Section 1.

Minnesota Statutes 2010, 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
unlessdeleted text begin :
deleted text end

deleted text begin (a) The sum of the following exceeds $4,000:
deleted text end

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

deleted text begin (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
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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
deleted text end

deleted text begin (b)deleted text end the injury results in:

(1) permanent disfigurement;

(2)new text begin seriousnew text end permanent deleted text begin injurydeleted text end new text begin impairment of an important bodily functionnew text end ;

(3) death; or

(4) disability for 60 days or more.

deleted text begin (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.
deleted text end

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 EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2011,
and applies to actions arising from incidents occurring on or after that date.
new text end