Text: HSB00510 Text: HSB00512 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.20C NONECONOMIC DAMAGES –
1 2 LIMITATION ON RECOVERY.
1 3 1. A person shall not recover noneconomic damages,
1 4 including but not limited to pain and suffering, in an action
1 5 to recover damages arising out of the operation or use of a
1 6 motor vehicle, if any of the following applies:
1 7 a. The injured person was at the time of the accident
1 8 operating the motor vehicle in violation of section 321J.2.
1 9 b. The injured person was the owner of an uninsured
1 10 vehicle involved in the accident and is unable to produce
1 11 proof of financial responsibility as required under section
1 12 321.20B.
1 13 c. The injured person was the operator of the motor
1 14 vehicle involved in the accident and was operating the motor
1 15 vehicle while the person's motor vehicle license or
1 16 nonresident operating privilege was revoked or suspended.
1 17 d. The injured person was the operator of a vehicle, a
1 18 passenger in a vehicle, or a pedestrian, and such person's
1 19 injuries were in any way proximately caused as the result of
1 20 the person's commission of any felony, or immediate flight
1 21 from such commission of a felony, and the person has been
1 22 convicted of that felony.
1 23 2. An insurer is not liable, directly or indirectly, under
1 24 a policy of liability or uninsured motorist coverage for the
1 25 noneconomic losses of any person injured as identified under
1 26 subsection 1.
1 27 3. Notwithstanding subsections 1 and 2, a person
1 28 identified under subsection 1, paragraph "b" or "c", who is
1 29 injured by another person operating a motor vehicle in
1 30 violation of section 321J.2, who is subsequently convicted of
1 31 such violation, is not precluded from recovering noneconomic
1 32 losses, including pain and suffering.
1 33 4. An insurer who receives a claim under a policy of
1 34 liability or uninsured or underinsured motorist coverage from
1 35 an injured person who is charged with a violation of section
2 1 321J.2 or charged with operating a motor vehicle while the
2 2 person's motor vehicle license or nonresident operating
2 3 privilege was revoked or suspended in connection with the
2 4 accident which resulted in the injury shall advise the injured
2 5 person that settlement of the claim will not occur until final
2 6 judgment is rendered regarding such charge. The injured
2 7 person claiming damages shall provide evidence of the outcome
2 8 of the criminal charges.
2 9 Sec. 2. APPLICABILITY. This Act applies to a motor
2 10 vehicle accident which occurs on or after July 1, 1998.
2 11 EXPLANATION
2 12 This bill creates new Code section 321.20C and prohibits a
2 13 person from recovering noneconomic damages, including but not
2 14 limited to pain and suffering, in an action to recover damages
2 15 arising out of the operation or use of a motor vehicle, if the
2 16 injured person was at the time of the accident operating the
2 17 motor vehicle in violation of section 321J.2 (operating while
2 18 under the influence of alcohol or a drug), the injured person
2 19 was the owner of an uninsured vehicle involved in the accident
2 20 and is unable to produce proof of financial responsibility as
2 21 required under section 321.20B, the injured person was the
2 22 operator of the motor vehicle involved in the accident and was
2 23 operating the motor vehicle while the person's motor vehicle
2 24 license or nonresident operating privilege was revoked or
2 25 suspended, or the injured person was the operator of a
2 26 vehicle, a passenger in a vehicle, or a pedestrian, and such
2 27 person's injuries were in any way proximately caused as the
2 28 result of the person's commission of any felony, or immediate
2 29 flight from such commission of a felony, and the person has
2 30 been convicted of that felony.
2 31 The bill provides an exception to the prohibition on
2 32 recovering noneconomic damages for certain individuals who are
2 33 injured by another person operating a motor vehicle in
2 34 violation of section 321J.2.
2 35 The bill provides that an insurer who receives a claim
3 1 under a policy of liability or uninsured or underinsured
3 2 motorist coverage from an injured person who is charged with a
3 3 violation of section 321J.2 or charged with operating a motor
3 4 vehicle while the person's motor vehicle license or
3 5 nonresident operating privilege was revoked or suspended, is
3 6 to advise the injured person that settlement of the claim will
3 7 not occur until final judgment is rendered regarding such
3 8 charge. The injured person claiming damages shall provide
3 9 evidence of the outcome of the criminal charges.
3 10 The bill provides that this limitation is to apply to a
3 11 motor vehicle accident which occurs on or after July 1, 1998.
3 12 LSB 3006HC 77
3 13 mj/sc/14
Text: HSB00510 Text: HSB00512 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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