§ 26.1-41-09 — Payment of basic and optional excess no-fault benefits

1. Basic and optional excess no-fault benefits are payable monthly for economic loss
sustained by an injured person or dependent survivors or incurred on the injured
person's behalf by the injured person's spouse, relatives, or guardian. A basic no-fault
insurer may pay basic or optional excess no-fault benefits when due to the above
persons who it believes have sustained or incurred the economic loss or at its option
to the person rendering, for a charge, the services for which the benefits are payable.
If the injured person dies, a basic no-fault insurer may pay the benefits due directly to
those entitled to the benefits without the appointment of a personal representative and
unless a court directs otherwise, may pay all benefits for survivors' income loss or
replacement services loss to the surviving spouse for the use and benefit of all
dependent survivors. A basic no-fault insurer's payments made in good faith in
accordance with this chapter discharges its liability to the extent of the payments
unless the basic no-fault insurer has been notified in writing of the claim of some other
person prior to the making of any of the payments.
2. Basic and optional excess no-fault benefits are overdue if not paid within thirty days
after the basic no-fault insurer receives reasonable proof of the fact and the amount of
loss sustained, except that the basic no-fault insurer may accumulate claims for
periods not exceeding one month, and the benefits are not overdue if paid within
twenty days after the period of accumulation. If reasonable proof is not supplied as to
the entire claim, the amount supported by reasonable proof is overdue if not paid
within thirty days after the proof is received by the basic no-fault insurer. Any part or all
of the remainder of the claim that is later supported by reasonable proof is overdue if

not paid within thirty days after proof is received by the basic no-fault insurer. Payment
is deemed made on the date of mailing. All overdue payments must bear interest at
the judgment rate allowed in section 28-20-34.
3. Neither the injured person nor a basic no-fault insurer is required to pay for services
billed more than one hundred eighty days after the date of treatment.