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Introduced Version House Bill 3076 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2017 regular session

Introduced

House Bill 3076

By Delegate Westfall

[Introduced March 14, 2017; Referred
to the Committee on Banking and Insurance then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31i, relating to immunity from liability to uninsured motorists; providing exceptions; and defining terms.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-6-31i, to read as follows:

ARTICLE 6. THE INSURANCE POLICY.


§33-6-31i. Immunity from liability to uninsured motorist with a previous violation.

(a) This section applies to a civil action brought to recover damages for:

(1) Injury to or the death of a person resulting from a motor vehicle accident; or

(2) Damage to property resulting from a motor vehicle accident.

(b) This section does not apply to a civil action brought to recover damages for injury, death or property damage that is caused intentionally.

(c) Notwithstanding any other provisions of this article, a person may not recover noneconomic damages for the person’s bodily injury or property damage from the owner or operator of another motor vehicle involved in the motor accident who:

(1) Sustained bodily injury or property damage as the result of a motor vehicle accident; and

(2) Was an uninsured motorist with a previous violation at the time of the motor vehicle accident.

(d) The personal representative of an individual may not recover noneconomic damages for that person’s death from another motor vehicle involved in the motor vehicle accident who:

(1) Died as the result of a motor vehicle; and

(2) Was an uninsured motorist with a previous violation at the time of the motor vehicle accident.

(e) As used in section, “uninsured motorist with a previous violation” means an individual who:

(1) Owns a motor vehicle:

(A) That is involved in an accident; and

(B) For which financial responsibility is not in effect as required by section three, article two-a, chapter seventeen-d of this code; and

(2) During the immediately preceding five years, has been required to provide proof of future financial responsibility for any period under section two, article four, chapter seventeen-d of this code.

(f) As used in section, “noneconomic damages” means costs for the following:

(1) Physical and emotional pain and suffering;

(2) Physical impairment;

(3) Emotional distress;

(4) Mental anguish;

(5) Loss of enjoyment;

(6) Loss of companionship, services and consortium; and

(7) Any other nonpecuniary loss proximately caused by a motor vehicle accident.

(g) The term “noneconomic damages’ does not include costs for the following:

(1) Treatment and rehabilitation;

(2) Medical expenses;

(3) Loss of economic or educational potential;

(4) Loss of productivity;

(5) Absenteeism;

(6) Support expenses;

(7) Accidents or injury; and

(8) Any other pecuniary loss proximately caused by a motor vehicle accident.

(h) This section does not apply:

(1) To a person who was less than eighteen years of age at the time of the motor vehicle accident;

(2) To the personal representative of an individual who was less than eighteen years of age at the time of the motor vehicle accident; or

(3) If a person other than the uninsured motorist with a previous violation:

(A) Operates a motor vehicle involved in the accident; and

(B) Is convicted of a crime in connection with the accident.

 

NOTE: The purpose of this bill is to prohibit certain uninsured motorists from recovering noneconomic damages from an insured motorist. The bill provides exceptions and defines terms.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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