PRINTER'S NO. 1320
No. 1167 Session of 1999
INTRODUCED BY SCHRODER, ADOLPH, BARD, BARRAR, BENNINGHOFF,
DALEY, FAIRCHILD, GODSHALL, HERSHEY, KAISER, KENNEY, LEDERER,
LEH, LYNCH, McILHATTAN, McNAUGHTON, MELIO, S. MILLER, NAILOR,
NICKOL, PESCI, PHILLIPS, READSHAW, ROHRER, ROSS, SATHER,
SAYLOR, SEYFERT, B. SMITH, STEIL, STERN, E. Z. TAYLOR, TRICH,
TULLI AND YOUNGBLOOD, APRIL 7, 1999
REFERRED TO COMMITTEE ON INSURANCE, APRIL 7, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for recovery limitations in certain
3 actions involving vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1706. Recovery limitations.
9 (a) General rule.--An owner of a private passenger motor
10 vehicle injured while operating or riding in that vehicle shall
11 not recover in any action for damages arising out of that
12 accident any noneconomic losses to compensate for pain,
13 suffering, inconvenience, physical impairment, disfigurement and
14 other nonpecuniary damages if the vehicle was not in compliance
15 at the time of the accident with the financial responsibility
16 requirements of this title.
1 (b) Exceptions.--Subsection (a) shall not apply:
2 (1) if the owner's injuries were caused by a driver
3 convicted under section 3731 (relating to driving under
4 influence of alcohol or controlled substance), 3732 (relating
5 to homicide by vehicle) or 3735 (relating to homicide by
6 vehicle while driving under influence); or
7 (2) if the owner's vehicle was exempt from the
8 registration requirement of section 1301 (relating to
9 registration and certificate of title required) at the time
10 of the accident.
11 (c) Proof of financial responsibility.--If a vehicle
12 specified in subsection (a) has been covered by the required
13 financial responsibility at any time within 30 days preceding
14 the accident, subsection (a) shall not apply if the owner of the
15 vehicle demonstrates by a preponderance of the evidence that the
16 owner:
17 (1) Has taken those steps which a reasonable person
18 would take to maintain such financial responsibility.
19 (2) Has taken no steps to cancel or default on payment
20 of insurance premiums.
21 (3) Was without actual or presumed knowledge at the time
22 of the accident that the vehicle lacked financial
23 responsibility.
24 (d) Insurer's liability.--Except as provided in subsection
25 (b), an insurer shall not be liable, directly or indirectly,
26 under a policy of liability or uninsured or underinsured
27 motorist insurance to indemnify for noneconomic losses of a
28 person injured as described in subsection (a).
29 (e) Effect.--This section shall take preference over other
30 provisions of law in determining the recovery rights of any
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1 owner of a currently registered, private passenger motor vehicle
2 who does not have financial responsibility at the time of an
3 accident. As to such owners, however, section 1705(a)(5)
4 (relating to election of tort options) shall be effective to
5 determine the rights of such an owner who avoids the
6 applications of this section or to determine such an owner's
7 rights other than the right to sue for noneconomic damages.
8 Section 2. This act shall take effect in 60 days.
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