Subdivision 1. Qualifications. A person entitled to basic economic loss benefits because of injury covered by sections 65B.41 to 65B.71 may obtain basic economic loss benefits through the assigned claims plan or bureau established pursuant to section 65B.63 and in accordance with the provisions for making assigned claims provided in sections 65B.41 to 65B.71, if:
(a) the person is 14 years old or younger and basic economic loss benefits are not applicable to the injury because of section 65B.58;
(b) basic economic loss benefits are not applicable to the injury for some reason other than those specified in section 65B.58, 65B.59, or 65B.60;
(c) the plan of reparation security applicable to the injury cannot be identified; or
(d) a claim for basic economic loss benefits is rejected by a reparation obligor on some ground other than the person is not entitled to basic economic loss benefits under sections 65B.41 to 65B.71.
In addition to the requirements for eligibility contained in section 65B.48, a nonresident is not entitled to basic economic loss benefits if the nonresident is the owner of a motor vehicle and does not carry the minimum automobile insurance coverage required by the state in which the vehicle is registered.
Subd. 2. Indemnification and subrogation rights. If a claim qualifies for assignment under subdivision 1, the assigned claims bureau or any reparation obligor to whom the claim is assigned shall have the right to seek indemnification from an uninsured tortfeasor. Except as otherwise provided in section 340A.801, subdivision 4, the reparation obligor to whom the claim is assigned shall further be subrogated to all of the rights of the claimant against any person for economic loss benefits provided by the obligor to whom the claim was assigned, including a transportation network company or participating driver required to provide basic economic loss benefits pursuant to section 65B.472.
Subd. 3. Disqualification. A person shall not be entitled to basic economic loss benefits through the assigned claims plan with respect to injury which was sustained if at the time of such injury the injured person was the owner of a private passenger motor vehicle for which security is required under sections 65B.41 to 65B.71 and that person failed to have such security in effect.
For purposes of determining whether security is required under section 65B.48, an owner of any vehicle is deemed to have contemplated the operation or use of the vehicle at all times unless the owner demonstrates to the contrary by clear and convincing objective evidence.
Persons, whether or not related by blood or marriage, who dwell and function together with the owner as a family, other than adults who have been adjudicated as incompetent and minor children, shall also be disqualified from benefits through the assigned claims plan.
1974 c 408 s 24; 1978 c 674 s 57; 1979 c 190 s 4; 1980 c 539 s 6; 1986 c 444; 1989 c 58 s 2,3; 1990 c 456 s 1,2; 1996 c 446 art 1 s 59; 2015 c 48 s 2
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 65B — Automobile Insurance
Section 65B.001 — Definitions.
Section 65B.01 — Purposes, Construction And Scope.
Section 65B.03 — Governing Committee.
Section 65B.04 — Plan Of Operation.
Section 65B.05 — Power Of Facility, Governing Committee.
Section 65B.06 — Distribution Of Risks; Coverage.
Section 65B.07 — Other Provisions And Functions.
Section 65B.11 — Use Of Facility By Public.
Section 65B.12 — Right To Hearing; Construction Of Plan Of Operation.
Section 65B.1311 — Coverage For Former Spouse.
Section 65B.132 — Student Discounts; Eligibility.
Section 65B.133 — Surcharge Disclosure.
Section 65B.134 — Comprehensive Coverage; Glass Breakage.
Section 65B.135 — Limousine Insurance.
Section 65B.15 — Cancellation Or Reduction In Limits During Policy Period.
Section 65B.16 — Statement Of Reasons For Cancellation Or Reduction.
Section 65B.161 — Refund Of Premium On Cancellation.
Section 65B.162 — Notice Of Possible Cancellation.
Section 65B.17 — Renewal; Notice Not To Renew.
Section 65B.18 — Proof Of Mailing Of Notice.
Section 65B.19 — Notice Of Cancellation Or Nonrenewal.
Section 65B.20 — Immunity Of Insurer Or Commissioner; Use Of Reasons For Cancellation.
Section 65B.21 — Insured's Right To Object To Cancellation Or Nonrenewal.
Section 65B.28 — Accident Prevention Course Premium Reductions.
Section 65B.285 — Antitheft Protection Device Premium Reduction.
Section 65B.286 — Snowmobile Auxiliary Lighting System Discount.
Section 65B.44 — Basic Economic Loss Benefits.
Section 65B.45 — Rehabilitation Treatment And Occupational Training.
Section 65B.46 — Right To Benefits.
Section 65B.47 — Priority Of Applicability Of Security For Payment Of Basic Economic Loss Benefits.
Section 65B.472 — Transportation Network Financial Responsibility.
Section 65B.48 — Reparation Security Compulsory.
Section 65B.482 — Insurance Identification Cards.
Section 65B.50 — Insurers' Certification Of Basic Coverage.
Section 65B.525 — Arbitration Procedure; Rules Of Court.
Section 65B.53 — Indemnity; Arbitration Between Obligors; Subrogation.
Section 65B.54 — Claims Practices.
Section 65B.55 — Application For Benefits Under Plan Of Security.
Section 65B.56 — Cooperation Of Person Claiming Benefits.
Section 65B.57 — Economic Loss Benefits; Exemptions From Legal Attachment.
Section 65B.58 — Converted Motor Vehicles.
Section 65B.60 — Intentional Injuries.
Section 65B.61 — Benefits Primary; Subtractions; Coordination.
Section 65B.63 — Assigned Claims Plan.
Section 65B.64 — Persons Entitled To Participate In Assigned Claims Plan.
Section 65B.65 — Time For Presenting Claims Under Assigned Claims Plan.
Section 65B.66 — Claims Against Wrong Insurer.
Section 65B.685 — Standardizing Coverage.