Minnesota Statutes

Minn. Stat. § 65B.46 (2026)

Right To Benefits

✓ current as of May 2026

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Subdivision 1.Motor vehicle or motorcycle accident in this state.

If the accident causing injury occurs in this state, every person suffering loss from injury arising out of maintenance or use of a motor vehicle or as a result of being struck as a pedestrian by a motorcycle has a right to basic economic loss benefits.

Subd. 2.Motor vehicle or motorcycle accident outside this state.

If the accident causing injury occurs outside this state in the United States, United States possessions, or Canada, the following persons and their surviving dependents suffering loss from injury arising out of maintenance or use of a motor vehicle or as a result of being struck as a pedestrian by a motorcycle have a right to basic economic loss benefits:

(1) insureds, and

(2) the driver and other occupants of a secured vehicle, other than (a) a vehicle which is regularly used in the course of the business of transporting persons or property and which is one of five or more vehicles under common ownership, or (b) a vehicle owned by a government other than this state, its political subdivisions, municipal corporations, or public agencies. The reparation obligor may, if the policy expressly states, extend the basic economic loss benefits to any stated area beyond the limits of the United States, United States possessions and Canada.

Subd. 3.Limitation; motorcycle injuries.

For the purposes of sections 65B.41 to 65B.71, injuries suffered by a person while on, mounting or alighting from a motorcycle do not arise out of the maintenance or use of a motor vehicle although a motor vehicle is involved in the accident causing the injury.

Notes of Decisions

Cited in 64 cases (1 in the last 5 years), 1978–2025 · leading case: Dougherty v. State Farm Mut. Ins. Co., 699 N.W.2d 741 (Minn. 2005).

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Dougherty v. State Farm Mut. Ins. Co., 699 N.W.2d 741 (Minn. 2005). · cites it 12× “Minn.Stat. § 65B.46, subd. 1 (2004). On September 17, 2001, Dougherty commenced the instant lawsuit against State Farm to obtain payment of no-fault benefits.”

Feick Ex Rel. Feick v. State Farm Mut. Auto. Ins. Co., 307 N.W.2d 772 (Minn. 1981). · cites it 14× “” Minn.Stat. § 65B.46, subd. 1 (1980). The Legislature precisely defined “motor vehicle” in section 65B.”

Edwards v. State Farm Mut. Auto. Ins. Co., 399 N.W.2d 95 (Minn. Ct. App. 1986). · cites it 8× “1984) this court allowed no-fault recovery under Minn.Stat. § 65B.46 (1982), for an assault related to a vehicle.”

Swanson v. Brewster, 784 N.W.2d 264 (Minn. 2010). · cites it 4× “See Minn.Stat. § 65B.46, subd. 3 (2008). [3] Under certain contractual agreements between health insurers and medical providers, many medical providers agree to accept a reduced amount and to refrain from recovering more money from the patient.”

Marklund v. Farm Bureau Mut. Ins. Co., 400 N.W.2d 337 (Minn. 1987). · cites it 7× “Minn.Stat. § 65B.46, subd. 1 (1986). A panel of the court of appeals agreed.”

Progressive Specialty Ins. Co. v. Widness Ex Rel. Widness, 635 N.W.2d 516 (Minn. 2001). · cites it 4× “See Minn.Stat. § 65B.46, subds. 1, 2 (2000). It is more likely that when the same phrase was used in section 65B.”

Smith v. Illinois Farmers Ins. Co., 455 N.W.2d 499 (Minn. Ct. App. 1990). · cites it 12× “See Minn. Stat. § 65B.46. Another provision requires the insurer to pay residual liability insurance for accidents occurring in the United States, its territories or possessions, or Canada.”

Stout v. AMCO Ins. Co., 645 N.W.2d 108 (Minn. 2002). · cites it 3× “§ 65B.46, subd. 1 (2000), 4 and that, as the no-fault insurer of the car that hit Stout, AMCO is the proper source of those benefits, see Minn.”

Am. Motorist Ins. Co. v. Sarvela, 327 N.W.2d 77 (Minn. 1982). · cites it 3× “(1) May an insured obtain underinsured coverage from her automobile policy when she is injured while riding a motorcycle? (2) Is a policy exclusion which precludes coverage for an insured’s injuries arising from a vehicle owned by the insured but not insured under the insurance…”

Christensen v. Gen. Accident Ins., 482 N.W.2d 510 (Minn. Ct. App. 1992). · cites it 8× “The trial court found that respondent was alighting from the car at the time of her fall, and awarded summary judgment to her on the issue of coverage under Minnesota's No-Fault Insurance Act.”

Mut. Serv. Cas. Ins. Co. v. League of Minnesota Cities Ins. Trust, 659 N.W.2d 755 (Minn. 2003). · cites it 2× “” Minn.Stat. § 65B.46, subd. 1 (2002) (emphasis added).”

Beukhof v. State Farm Auto. Ins. Co., 371 N.W.2d 538 (Minn. 1985). · cites it 7× “This court determined that the exclusions contained in Minn.Stat. § 65B.46, subd. 3 (1980), applied only to basic economic loss benefits and not to underinsured *541 benefits.”

Show all 64 citing cases →

— Minn. Stat. § 65B.46(2) — 4 cases

Meric v. Mid-Century Ins. Co., 343 N.W.2d 688 (Minn. Ct. App. 1984).

Smith v. Illinois Farmers Ins. Co., 455 N.W.2d 499 (Minn. Ct. App. 1990). “See Minn. Stat. § 65B.46. Another provision requires the insurer to pay residual liability insurance for accidents occurring in the United States, its territories or possessions, or Canada.”

State Farm Mut. Auto. Ins. v. Nationwide Mut. Ins., 516 A.2d 586 (Md. 1986).

Kristin M. Cashman v. Econ. Fire & Cas. Co., 795 F.2d 50 (8th Cir. 1986).

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