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So as long as the Accident involved a Motor Vehicle, No-Fault applies, right?
Posted by: euser
December 22, 2006

Well, it depends. A major requirement of a no-fault claim is that the accident must arise in the "maintenance or use of a motor vehicle." As Minn. Stat. ? 65B.43, Subd. 3 explains,

"Maintenance or use of a motor vehicle" means maintenance or use of a motor vehicle as a vehicle, including, incident to its maintenance or use as a vehicle, occupying, entering into, and alighting from it. Maintenance or use of a motor vehicle does not include

Therefore, if the injury does not arise out of the maintenance or use of a motor vehicle, there is no coverage under the no-fault law. In the influential case of Continental Western Ins. Co. v. Klug, 415 N.W.2d 876, 878 (Minn. 1987), the Minnesota Supreme Court adopted a three-part test to determine whether an injury arises out of the "maintenance or use of a motor vehicle. Although each case is dependent upon its facts, the court will look at:

Minnesota courts have decided upon many different claims regarding the "maintenance or use of a motor vehicle," ranging from firearm discharges, intentional injuries, slip and falls, work-related injuries, parked vehicles, carbon monoxide poisoning, and many others. Since these issues are highly factual, an experienced personal injury attorney should be consulted.

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Are All Motor Vehicles the Same Under Minnesota No-Fault Law?
Posted by: euser
December 22, 2006

In a word, no. Minn. Stat. ? 65B.43, Subd. 2 provides the following definition of "motor vehicle":

"Motor vehicle" means every vehicle, other than a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or motor for use primarily upon public roads, highways or streets in the transportation of persons or property, and includes a trailer with one or more wheels, when the trailer is connected to or being towed by a motor vehicle.

It is clear from the statute that motorcycle are not motor vehicles under the no-fault law. In addition, a motor vehicle not required to be registered in the state does not all under the no-fault law. For example, vehicles owned by the federal government and state and local vehicles such as fire trucks, ambulances, and clearly-marked police cars are not required to be registered under chapter 168. For a discussion, see Mutual Service Cas. Ins. Co. v. League of Minnesota Cities Ins. Trust, 659 N.W.2d 755 (Minn. 2003).

Other Minnesota cases have discussed exemptions from the no-fault law for certain vehicles such as:

Tractors (Great American Ins. Co. v. Golla, 493 N.W.2d 602 (Minn. App. 1992))

Snowplows (Anderson v. St. Paul Fire & Marine Ins. Co., 427 N.W.2d 749 (Minn. App. 1988), Bell v. State Farm Mut. Auto. Ins. Co., 1997 Minn. App. LEXIS 153 (Minn. App., Feb. 4, 1997)

Trailers (North River Ins. Co. v. Dairyland Ins. Co., 346 N.W.2d 109 (Minn. 1984).

Whether these or other vehicles are exempt from the no-fault law is highly dependant upon the facts of each individual case.

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