0001|                            HOUSE BILL 442
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                         HENRY KIKI SAAVEDRA
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO AUTOMOBILE INSURANCE; PROVIDING THAT UNINSURED
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0012|     MOTORISTS SHALL NOT HAVE A CIVIL CAUSE OF ACTION IN CERTAIN
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0013|     CIRCUMSTANCES; ENACTING A NEW SECTION OF THE MANDATORY
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0014|     FINANCIAL RESPONSIBILITY ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Mandatory Financial
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0018|     Responsibility Act is enacted to read:
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0019|          "[<u>NEW MATERIAL</u>] UNINSURED MOTORISTS--RESTRICTIONS ON
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0020|     CIVIL CAUSE OF ACTION.--
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0021|               A.  An uninsured motorist shall not have a civil
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0022|     cause of action to recover damages from another person that
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0023|     result from an accident arising out of the operation,
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0024|     maintenance or use of a motor vehicle, when the other person
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0025|     is in compliance with the provisions of the Mandatory
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0001|     Financial Responsibility Act.
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0002|               B.  Notwithstanding the provisions of Subsection A
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0003|     of this section, an uninsured motorist shall have a civil
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0004|     cause of action against another person pursuant to common law
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0005|     tort principles for economic and non-economic loss, when that
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0006|     person causes:
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0007|                    (1)  personal injury to the uninsured motorist
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0008|     as a direct result of committing a felony while operating a
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0009|     motor vehicle or while driving under the influence of
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0010|     intoxicating liquor or drugs; or
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0011|                    (2)  property damage to the uninsured
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0012|     motorist's motor vehicle as a direct result of committing a
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0013|     felony while operating a motor vehicle or while driving under
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0014|     the influence of intoxicating liquor or drugs.
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0015|               C.  Insurers are prohibited from paying damages
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0016|     assessed against an insured motorist pursuant to the
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0017|     provisions of Subsection B of this section, except for
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0018|     economic loss.
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0019|               D.  Notwithstanding the provisions of Subsection A
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0020|     of this section, an uninsured motorist shall have a civil
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0021|     cause of action against another person pursuant to common law
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0022|     tort principles for economic and non-economic loss, when that
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0023|     person causes:
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0024|                    (1)  personal injury to the uninsured motorist
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0025|     as a direct result of intentional misconduct; or
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0001|                    (2)  property damage to the uninsured
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0002|     motorist's motor vehicle as a direct result of intentional
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0003|     misconduct.
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0004|               E.  Insurers are prohibited from paying damages
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0005|     assessed against an insured motorist pursuant to the
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0006|     provisions of Subsection D of this section.
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0007|               F.  The provisions of this section are not intended
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0008|     to limit a cause of action in tort against any person other
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0009|     than the individual engaged in operating, maintaining or using
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0010|     a motor vehicle at the time of an accident.
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0011|               G.  As used in this section:
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0012|                    (1)  "economic loss" means pecuniary loss and
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0013|     monetary expense incurred by or on behalf of an injured person
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0014|     as the result of an accidental bodily injury;
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0015|                    (2)  "non-economic loss" means any loss other
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0016|     than economic loss, including pain, suffering, loss of
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0017|     enjoyment of life, mental anguish, emotional distress and all
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0018|     other non-economic damages; and
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0019|                    (3)  "uninsured motorist" means a person who
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0020|     is the owner of a motor vehicle or the person responsible for
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0021|     maintaining a motor vehicle liability policy or a certified
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0022|     motor vehicle liability policy on a motor vehicle subject to
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0023|     the provisions of the Mandatory Financial Responsibility Act,
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0024|     but who fails to maintain the minimum required coverages."
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0025|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0001|     provisions of this act is July 1, 1998.

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0002|                              
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