Text: HF02002 Text: HF02004 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 613.20 LIMITATION ON LIABILITY
1 2 OF MOTOR VEHICLE OPERATORS.
1 3 1. Except as provided in subsection 3, in an action to
1 4 recover damages arising out of the operation or use of a motor
1 5 vehicle, a person shall not recover noneconomic losses
1 6 including, but not limited to, pain and suffering if any of
1 7 the following circumstances apply:
1 8 a. The injured person was operating a motor vehicle
1 9 involved in the accident, was in violation of any provision of
1 10 chapter 321J at the time of the accident, and was convicted of
1 11 that offense.
1 12 b. The injured person was the owner of an uninsured or
1 13 underinsured motor vehicle involved in the accident and is
1 14 unable to produce proof of financial responsibility, in effect
1 15 at the time of the accident, as required by section 321.20B
1 16 and chapter 321A.
1 17 c. The injured person was the operator of a motor vehicle
1 18 involved in the accident and was operating the motor vehicle
1 19 with an operator's license which was canceled, suspended, or
1 20 revoked at the time of the accident.
1 21 d. The injured person was the operator of a motor vehicle,
1 22 a passenger in a motor vehicle, or a pedestrian and the
1 23 person's injuries were proximately caused by the person's
1 24 commission of any felony, or immediate flight therefrom, and
1 25 the injured person was duly convicted of that felony.
1 26 2. Except as provided in subsection 3, an insurer shall
1 27 not be liable directly or indirectly under a policy of motor
1 28 vehicle liability insurance or uninsured or underinsured
1 29 motorist insurance to indemnify for the noneconomic losses of
1 30 any person injured as described in subsection 1.
1 31 3. If a person described in subsection 1, paragraph "b" or
1 32 "c", was injured by a motorist who at the time of the accident
1 33 was operating a motor vehicle in violation of any provision of
1 34 chapter 321J and was convicted of that offense, the injured
1 35 person shall not be precluded from recovering noneconomic
2 1 losses including, but not limited to, pain and suffering.
2 2 4. If a person injured in a motor vehicle accident has
2 3 been formally charged with the violation of a felony, a
2 4 provision of chapter 321J, or operating a motor vehicle while
2 5 the operator's license is canceled, suspended, or revoked in
2 6 connection with the accident, but a final determination of
2 7 guilt has not been made, liability and uninsured and
2 8 underinsured motorist insurers, to whom a claim for damages
2 9 has been presented, shall advise the injured party that
2 10 settlement of the claim will not be resolved until a final
2 11 judgment is rendered on the charges. The injured party
2 12 claiming damages shall provide evidence of the outcome of any
2 13 criminal charges.
2 14 EXPLANATION
2 15 This bill provides a person shall not recover noneconomic
2 16 losses including, but not limited to, pain and suffering, in
2 17 an action to recover damages arising out of the operation or
2 18 use of a motor vehicle if any of the following circumstances
2 19 apply:
2 20 1. The injured person was operating a motor vehicle
2 21 involved in the accident, was in violation of chapter 321J at
2 22 the time of the accident, and was convicted of that offense.
2 23 2. The injured person was the owner of an uninsured or
2 24 underinsured motor vehicle involved in the accident and was
2 25 unable to produce proof of financial responsibility.
2 26 3. The injured person was the operator of a motor vehicle
2 27 involved in the accident and was operating the motor vehicle
2 28 with an operator's license which was canceled, suspended, or
2 29 revoked at the time of the accident.
2 30 4. The injured person was the operator of a motor vehicle,
2 31 passenger in a motor vehicle, or a pedestrian and the injuries
2 32 were caused by the person's commission of a felony.
2 33 The bill also provides that if the injured person was the
2 34 owner of an uninsured or underinsured motor vehicle and unable
2 35 to produce proof of financial responsibility or was operating
3 1 a motor vehicle involved in the accident with an operator's
3 2 license which was canceled, suspended, or revoked, and was
3 3 injured by a motorist who was in violation of any provision of
3 4 chapter 321J at the time of the accident, then the injured
3 5 person shall not be precluded from recovering noneconomic
3 6 losses.
3 7 The bill provides that if a person injured in a motor
3 8 vehicle accident has been formally charged with a violation of
3 9 a felony, any provision of Code chapter 321J, or operating a
3 10 motor vehicle with an operator's license which is canceled,
3 11 suspended, or revoked in connection with the accident, motor
3 12 vehicle liability and uninsured and underinsured motorist
3 13 insurers shall advise the injured party that settlement of the
3 14 claim will be pending a judgment on the charges.
3 15 LSB 3106HH 77
3 16 tm/jw/5
Text: HF02002 Text: HF02004 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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