WEST virginia Legislature
2017 regular session
By
[
to the Committee on Banking and Insurance then the Judiciary
A BILL to amend and
reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to
motor vehicle insurance; and providing a maximum repair cost for insured owners
of motor vehicles if a collision with a deer caused the damage.
Be it enacted by the
Legislature of West Virginia:
That §17D-2A-4 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this
state shall supply a certificate to the insured or to any person subject to the
registration provisions of article three, chapter seventeen-a of this code,
certifying that there is in effect a motor vehicle liability policy upon such
motor vehicle in accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate shall give its effective date and the
effective date of the policy and, unless the policy is issued to a person who
is not the owner of a motor vehicle, must designate by explicit description, in
such detail as the Commissioner of the Division of Motor Vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles of similar
classification: Provided, That on and after July 1, 1984, insurance
companies shall supply a certificate of insurance in duplicate for each policy
term and for each vehicle included in a policy, except for those listed in a
fleet policy. Each such certificate of insurance shall list the name of the
policyholder and the name of the vehicle owner if different from the
policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than the
requirements of section two, article four, chapter seventeen-d of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the insured in the
appropriate vehicle for use as proof of security, and must be presented at the
time of vehicle inspection as required by article sixteen, chapter seventeen-c
of this code. Any person violating the provisions of this subsection is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less than
$200 nor more than $5,000; and upon a second or subsequent conviction, shall be
fined not less than $200 nor more than $5,000, or confined in the county or
regional jail for not less than fifteen days nor more than one year, or
both fined and confined: Provided, That an insured shall not be
guilty of a violation of this subsection (b) if he or she furnishes proof that
such insurance was in effect within seven days of being cited for not carrying
such certificate or other proof in such vehicle.
(c) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically reproduced copy
of an insurance policy, a certificate of self-insurance, or a copy of the
current registration issued to a motor carrier by the Public Service
Commission: (1) Through the single state registration system established
pursuant to section fourteen, article six-a, chapter twenty-four-a of this
code; or (2) pursuant to the provisions of section four, article six, chapter
twenty-four-a of this code.
(d) Notwithstanding any other provision in this code to the
contrary, any person striking a deer on a state highway shall not be liable for
repair costs exceeding $200 regardless of the amount of the deductible required
from their motor vehicle insurance policy.
NOTE: The purpose of this bill is to limit costs to
insured automobile owners for repairs needed when they hit a deer on a state
highway.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.