Disability and Income Loss Benefits Under the Minnesota No-Fault Act

35 Pages Posted: 23 Feb 2010 Last revised: 21 Mar 2010

Date Written: 1998

Abstract

The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire of litigation as lawyers have wrestled with the terms and conditions of payment of those benefits. This Article analyzes the right to recover disability and income loss benefits under the Act. After explaining the statutory framework that governs the payment of basic economic loss benefits, the article explains the statutory evolution of the disability and income loss statute, analyzes the decisions construing it, and attempts to reconcile some apparently irreconcilable cases involving claims for those benefits.

Keywords: Minnesota, torts, motor vehicle, burden of proof, no-fault act, inability to work, automobile accident, proof of loss, auto insurance

Suggested Citation

Steenson, Michael K., Disability and Income Loss Benefits Under the Minnesota No-Fault Act (1998). William Mitchell Law Review, Vol. 24, 1998, William Mitchell Legal Studies Research Paper No. 1998-02, Available at SSRN: https://ssrn.com/abstract=1555287

Michael K. Steenson (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6366 (Phone)
651-290-6406 (Fax)

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