§ 26.1-41-13 — Priority of applicable security - Coordination of benefits

1. A basic no-fault insurer has the primary obligation to make payment for economic loss
because of accidental bodily injury arising out of the operation of a motor vehicle;
provided, that the amount of all benefits a claimant recovered or is entitled to recover
for the same elements of loss under any workforce safety and insurance law must be
subtracted from the basic no-fault benefits otherwise payable for the injury.
2. As between applicable security basic no-fault benefits are payable as follows:
a. As to any person injured while occupying a secured motor vehicle, or injured as a
pedestrian by a secured motor vehicle, the basic no-fault insurer of the secured
motor vehicle shall pay the benefits.
b. As to any person who is injured while occupying an unsecured motor vehicle, or
while being struck as a pedestrian by an unsecured motor vehicle, the basic
no-fault insurer affording the benefits to the injured person shall pay the benefits.
c. As to any person injured while occupying a bus that is a secured motor vehicle,
the basic no-fault insurer affording benefits to the injured person as the owner of
a secured motor vehicle or as a relative of the owner of a secured motor vehicle
shall pay the benefits; and, if there is no basic no-fault insurer affording benefits
to the injured person, then the basic no-fault insurer of the bus shall pay the
benefits.
d. As to any person injured while occupying a secured motor vehicle that is
transporting persons under a ridesharing arrangement, as defined in section
8-02-07, the basic no-fault insurer affording benefits to the injured person as the
owner of a secured motor vehicle or as a relative of the owner of a secured motor
vehicle shall pay the benefits; and, if there is no basic no-fault insurer affording
benefits to the injured person, then the basic no-fault insurer of the secured motor
vehicle shall pay the benefits.
3. An insurer, health maintenance organization, or nonprofit health service corporation,
other than a basic no-fault insurer, authorized to do business in this state may
coordinate any benefits it is obligated to pay for economic loss incurred as a result of
accidental bodily injury, with the first ten thousand dollars of basic no-fault benefits. A
basic no-fault insurer authorized to do business in this state may coordinate any
benefits it is obligated to pay for medical expenses incurred as a result of accidental
bodily injury in excess of ten thousand dollars. An insurer, health maintenance
organization, or nonprofit health service corporation, other than a basic no-fault
insurer, may not coordinate benefits unless it provides those persons who purchase
benefits from it with an equitable reduction or savings in the direct or indirect cost of
purchased benefits. The commissioner shall approve any coordination of benefits plan.