SB 52 - This act denies noneconomic damages for injuries to persons who at the time of the accident were operating a motor vehicle in violation of the DWI, excessive BAC, or financial responsibility laws. A person who is injured in an accident who failed to maintain financial responsibility on the motor vehicle shall not be precluded from recovering noneconomic damages if the injuries were caused by a drunk driver. The insurer shall not be liable to indemnify for noneconomic losses for an injured person who was operating his or her vehicle in violation of the aforementioned laws. This act is identical to SB 1381 (2004).
STEPHEN WITTE