§ 26.1-41-04 — Optional excess no-fault benefits

Each basic no-fault insurer of the owner of a secured motor vehicle shall also make
available optional excess no-fault benefits for excess economic loss commencing upon the
exhaustion of basic no-fault benefits, up to a total of eighty thousand dollars in no-fault benefits
for accidental bodily injury to any one person in any one accident, including an accident when
the person who purchased the optional excess no-fault benefits or that person's relative is
injured in a motor vehicle not owned by the insured or as a pedestrian. A basic no-fault insurer
may also offer benefits and limits other than those prescribed in this section, and a basic
no-fault insurer may incorporate in optional excess no-fault coverage the terms, conditions, and
exclusions as may be consistent with the premiums charged. The amounts payable under
optional excess no-fault benefits may be duplicative of benefits received from any collateral
sources or may be written in excess of such collateral source benefits, or may provide for
reasonable waiting period, deductibles, or coinsurance provisions. The optional excess no-fault
benefits of a basic no-fault insurer may provide for subrogation to the injured person's right of
recovery against any responsible third party.