Text: HSB00629                          Text: HSB00631
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 630

Bill Text

PAG LIN
  1  1    Section 1.  Section 613.20, Code 2003, is amended to read
  1  2 as follows:
  1  3    613.20  LIMITATION ON LIABILITY FOR MOTOR VEHICLE OPERATION
  1  4 – FELONS.
  1  5    1.  a.  Except as provided in subsection 2 paragraph "c",
  1  6 in an action to recover damages arising out of the operation
  1  7 or use of a motor vehicle, a person shall not recover
  1  8 noneconomic losses including, but not limited to, pain and
  1  9 suffering if the injured person was the operator of a motor
  1 10 vehicle, a passenger in a motor vehicle, or a pedestrian and
  1 11 the person's injuries were proximately caused by the person's
  1 12 commission of any felony, or immediate flight therefrom, and
  1 13 the injured person was duly convicted of that felony.
  1 14    2.  This section does not apply if the injured person is
  1 15 found to have no fault in the accident.
  1 16    3. b.  If a person injured in a motor vehicle accident has
  1 17 been formally charged with the violation of the felony
  1 18 referred to in subsection 1 paragraph "a", but a final
  1 19 determination regarding guilt has not been made, liability and
  1 20 uninsured and underinsured motorist insurers, to whom a claim
  1 21 for damages has been presented, shall advise the injured party
  1 22 that settlement of the claim will not be resolved until a
  1 23 final judgment is rendered on the charges.  The injured party
  1 24 claiming damages shall provide evidence of the outcome of any
  1 25 criminal charges.
  1 26    c.  This subsection does not apply if the injured person is
  1 27 found to have no fault in the accident.
  1 28    2.  An owner of a motor vehicle operating the motor vehicle
  1 29 involved in an accident with another motor vehicle shall not
  1 30 recover any damages in a civil action from the accident in an
  1 31 amount which exceeds the limits of any insurance policies
  1 32 issued to the owner at the time of the accident with respect
  1 33 to the owner's motor vehicle involved in the accident.  For
  1 34 the purposes of this section, "owner" is defined as provided
  1 35 in section 321.493, subsection 1, paragraph "a".  If the owner
  2  1 fails to maintain financial liability coverage on the motor
  2  2 vehicle in violation of section 321.20B, the owner shall have
  2  3 no cause of action for recovery of any damages sustained as a
  2  4 result of the accident.  
  2  5                           EXPLANATION
  2  6    This bill limits the amount an owner of a motor vehicle may
  2  7 recover in a civil lawsuit for damages sustained in an
  2  8 accident while operating the motor vehicle to the total amount
  2  9 of insurance the owner carried on the vehicle involved in an
  2 10 accident.  If the owner carried no insurance, no recovery
  2 11 would be allowed.  
  2 12 LSB 5195YH 80
  2 13 kk/sh/8
     

Text: HSB00629                          Text: HSB00631
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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