Minnesota judge suggests legislative change for uninsured snowmobile riders
Such a change would have a potentially broad impact in
The question of whether a snowmobile should be considered a motor vehicle for insurance purposes was addressed by the state
Earlier this week,
The case, Tunheim wrote, illustrates that
"Unless and until snowmobiles are covered by the No-Fault Act, Minnesota courts have little relief to offer victims of public roadway collisions with uninsured snowmobiles, even where those victims would likely be entitled to insurance benefits if the snowmobile were, instead, another motor vehicle," the judge wrote.
Tunheim's case involved
Tynjala failed to yield the right-of-way to Nelson, who was going about 50 miles per hour and tried to avoid him. They hit head on, and Nelson ran over Tynjala's snowmobile, lodging it under the trailer. Nelson was injured in the crash. Police determined that Tynjala, who was slightly injured, was at fault.
The snowmobile was registered to family member
Nelson's policy defined "auto" as a land motor vehicle or trailer designed for travel on public roads. The policy excludes mobile equipment mainly used off public roads, such as bulldozers, farm implements, forklifts or vehicles that travel on crawler treads.
United Financial asked Tunheim to order a summary judgment against Nelson because a snowmobile didn't qualify as an auto under the insurance policy. The insurance company pointed out that the safety handbook for Tynjala's specific snowmobile cautions riders to avoid road travel because the snowmobile isn't designed to operate or turn on paving.
Nelson's attorney argued that the language in his policy states that equipment designed mainly for use off public roads might on occasion be used on them. He referred to a 1974 case involving the crash of two snowmobiles that would allow Nelson to escape automatic exclusion under the "underinsured auto" provision.
Tunheim knocked down that argument, saying Tynjala was barely on the road when he hit Nelson's vehicle. He also said a snowmobile isn't an auto because it travels on crawler treads.
Although the No-Fault Act excludes snowmobile coverage because they are designed for off-road travel, Tunheim also wrote that it's undeniable that snowmobiles frequently are driven on snow- and ice-covered public roads. Many Minnesota communities have officially recognized that fact by allowing snowmobiles on local public roads.
Tunheim wrote that South Dakota's legislature has addressed insurance coverage for snowmobiles under its mandatory motor vehicle insurance rule, defining motor vehicle as "every vehicle which is self-propelled."
Attorney
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