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Subdivision 1.Deduction of basic economic loss benefits.
With respect to a cause of action in negligence accruing as a result of injury arising out of the operation, ownership, maintenance or use of a motor vehicle with respect to which security has been provided as required by sections 65B.41 to 65B.71, the court shall deduct from any recovery the value of basic or optional economic loss benefits paid or payable, or which would be payable but for any applicable deductible. In any case where the claimant is found to be at fault under section 604.01, the deduction for basic economic loss benefits must be made before the claimant's damages are reduced under section 604.01, subdivision 1.
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Subd. 2.Right to recover economic loss not covered in first party benefits.
A person may bring a negligence action for economic loss not paid or payable by a reparation obligor or through the assigned claims plan because of any lack of insurance coverage for the economic loss described in section 65B.44, daily or weekly dollar limitations of section 65B.44, the seven-day services exclusion of section 65B.44, the limitations of benefits contained in section 65B.44, subdivision 1, or an exclusion from coverage by sections 65B.58 to 65B.60.
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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 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.
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Subd. 4.Actions based on certain defects not affected.
Nothing in this section shall impair or limit the liability of a person in the business of manufacturing, distributing, retailing, repairing, servicing or maintaining motor vehicles arising from a defect in a motor vehicle caused or not corrected by an act or omission in manufacture, inspection, repair, servicing or maintenance of a vehicle in the course of the business.
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Subd. 5.Actions based on certain negligent acts or omissions not affected.
Nothing in this section shall impair or limit tort liability or limit the damages recoverable from any person for negligent acts or omissions other than those committed in the operation, ownership, maintenance, or use of a motor vehicle.
Notes of Decisions
State Farm Mut. Auto. Ins. Co. v. Angela Mary Lennartson, Katie Foss, 872 N.W.2d 524 (Minn. 2015).
· cites it 37× “The district court deducted the no-fault benefits State Farm had already paid to Lennartson, as required by Minn. Stat. § 65B.51, subd. 1. 3 Lennartson subsequently petitioned for no-fault arbitration, seeking reimbursement for the same medical expenses that the jury had awarded…”
Bartel v. New Haven Twp., 323 N.W.2d 806 (Minn. 1982).
· cites it 54× “Appellant claims the trial court erred in deducting the amount of no-fault benefits paid him pursuant to Minn.Stat. § 65B.51, subd. 1 (1980) [2] from his tort *808 judgment against respondent.”
Nemanic v. Gopher Heating & Sheet Metal, Inc., 337 N.W.2d 667 (Minn. 1983).
· cites it 26× “This appeal raises the question of whether, in a personal injury action arising out of an automobile collision, when plaintiff introduces expert testimony to support the tort threshold required by Minn.Stat. § 65B.51, subd. 3 (1982) and the element of causation, and defendants…”
Do v. Am. Fam. Mut. Ins. Co., 779 N.W.2d 853 (Minn. 2010).
· cites it 10× “Minn.Stat. § 65B.51, subd. 1. In addition, the No-Fault Act specifies that "[n]o recovery shall be permitted under the uninsured and underinsured motorist coverages of this section for basic economic loss benefits paid or payable, or which would be payable but for any applicable…”
Lee v. Hunt, 642 N.W.2d 57 (Minn. Ct. App. 2002).
· cites it 26× “* Two months after judgment was entered for appellant, respondent moved to amend the judgment by deducting collateral source benefits brought under Minn.Stat. § 65B.51, subd. 1 (2000), of the Minnesota No-Fault Automobile Insurance Act, which contains no deadline for filing such…”
Johnson v. Consol. Freightways, Inc., 420 N.W.2d 608 (Minn. 1988).
· cites it 7× “Under Minn.Stat. § 65B.51, subd. 1 (1986), the value of economic loss benefits paid must be deducted from any recovery in a negligence action arising from the same event.”
Haugen v. Town of Waltham, 292 N.W.2d 737 (Minn. 1980).
· cites it 14× “That this Appeal presents the sole issue of the deductibility of future dental expenses as found by the jury, from the Judgment pursuant to Minn.Stat. § 65B.51. The issue for consideration is whether the deduction of an award of future dental expenses from the verdict, pursuant…”
Kaysen v. Fed. Ins. Co., 268 N.W.2d 920 (Minn. 1978).
· cites it 8× “See, Steenson, No-Fault In a Fault Context: Tort Actions and Section 65B.51 of the Minnesota No-Fault Automobile Insurance Act, 2 Wm.”
Gruman v. Hendrickson, 416 N.W.2d 497 (Minn. Ct. App. 1987).
· cites it 18× “Appellant contends the arbitrator relied on Minn.Stat. § 65B.51, subd. 1 to deduct the no-fault benefits paid.”
Nelson v. Am. Fam. Ins. Grp., 651 N.W.2d 499 (Minn. 2002).
· cites it 6× “Minn.Stat. § 65B.51, subd. 1. Further, the Act provides that the no-fault insurer has a right of subrogation when the accident occurs in another state: [The no-fault insurer] paying or obligated to pay basic or optional economic loss benefits is subrogated to the claim for the…”
Rehnelt v. Stuebe, 397 N.W.2d 563 (Minn. 1986).
· cites it 36× “The tortfeasors, on the other hand, argue that the act limits negligence actions to recover uncompensated economic loss to the circumstances set out in Minn.Stat. § 65B.51, subd. 2 (1984). *565 Subdivision 2 of section 65B.”
— Minn. Stat. § 65B.51(1) — 1 case
— Minn. Stat. § 65B.51(2) — 1 case
— Minn. Stat. § 65B.51(3) — 2 cases
— Minn. Stat. § 65B.51(3)(b) — 1 case
— Minn. Stat. § 65B.51(3)(b)(4) — 1 case
— Minn. Stat. § 65B.51(3)(c) — 1 case
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