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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