Text: HF02030                           Text: HF02032
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2031

Partial Bill History

Bill Text

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
  2  7 regarding 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 Code chapter
  2 22 321J at the time of the accident, and was convicted of that
  2 23 offense.
  2 24    2.  The injured person was the owner of an uninsured or
  2 25 underinsured motor vehicle involved in the accident and was
  2 26 unable to produce proof of financial responsibility.
  2 27    3.  The injured person was the operator of a motor vehicle
  2 28 involved in the accident and was operating the motor vehicle
  2 29 with an operator's license which was canceled, suspended, or
  2 30 revoked at the time of the accident.
  2 31    4.  The injured person was the operator of a motor vehicle,
  2 32 passenger in a motor vehicle, or a pedestrian and the injuries
  2 33 were caused by the person's commission of a felony.
  2 34    The bill also provides that if the injured person was the
  2 35 owner of an uninsured or underinsured motor vehicle and unable
  3  1 to produce proof of financial responsibility or was operating
  3  2 a motor vehicle involved in the accident with an operator's
  3  3 license which was canceled, suspended, or revoked, and was
  3  4 injured by a motorist who was in violation of any provision of
  3  5 Code chapter 321J at the time of the accident, then the
  3  6 injured person shall not be precluded from recovering
  3  7 noneconomic losses.
  3  8    The bill provides that if a person injured in a motor
  3  9 vehicle accident has been formally charged with a violation of
  3 10 a felony, any provision of Code chapter 321J, or operating a
  3 11 motor vehicle with an operator's license which is canceled,
  3 12 suspended, or revoked in connection with the accident, motor
  3 13 vehicle liability and uninsured and underinsured motorist
  3 14 insurers shall advise the injured party that settlement of the
  3 15 claim will be pending a judgment on the charges.  
  3 16 LSB 5211YH 78
  3 17 tm/as/5
     

Text: HF02030                           Text: HF02032
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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