Prevents recovery in negligence by drivers who are uninsured or chemically impaired at the time of the accident.

A BILL FOR AN ACT

SECTION 1. Chapter 663, Part I, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§663- Injuries related to commission of felony. In any action for damages based on negligence, a person may not recover any damages if the plaintiff's injuries were in any way proximately caused by the plaintiff's commission of any felony, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony.

§663- Damages; uninsured or chemically impaired motorist. (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses as defined in section 663-8.5 if any of the following applies:

(1) The injured person was at the time of the accident operating the vehicle in violation of section 291E-61, and was convicted of that offense.

(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.

(3) The injured person was the operator of a vehicle involved in the accident and the operator cannot establish his or her financial responsibility as required by the financial responsibility laws of this state.

(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).

(c) In the event a person described in paragraph (2) of subsection (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of section 291E-61, and was convicted of that offense, the injured person shall not be barred from recovering non-economic damages."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.