HB198 (2009) Detail

Permitting an insured person injured in a motor vehicle accident to obtain damages under his or her own uninsured motorist coverage when the insured's damages exceed the motorist insurance coverage of the person at fault for the accident.


HB 198 – AS INTRODUCED

2009 SESSION

09-0383

09/01

HOUSE BILL 198

AN ACT permitting an insured person injured in a motor vehicle accident to obtain damages under his or her own uninsured motorist coverage when the insured’s damages exceed the motorist insurance coverage of the person at fault for the accident.

SPONSORS: Rep. Nixon, Hills 17

COMMITTEE: Commerce

ANALYSIS

This bill permits an insured person injured in a motor vehicle accident to obtain damages under his or her own uninsured motorist coverage when the insured’s damages exceed the limits of the motorist insurance coverage of the person at fault for the accident.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0383

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT permitting an insured person injured in a motor vehicle accident to obtain damages under his or her own uninsured motorist coverage when the insured’s damages exceed the motorist insurance coverage of the person at fault for the accident.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Uninsured or Hit-and-Run Motor Vehicle Coverage; Recovery Against Own Policy. Amend RSA 264:15 by inserting after paragraph V the following new paragraph:

VI. To the extent that an insured person’s damages exceed the limits of the motorist insurance coverage of the person at fault for the accident, the insurer shall be responsible for the remaining damages against the insured person’s own policy up to the limits of the uninsured motorist coverage provided by such policy. The amount of damages to be paid shall be determined by a arbitration panel consisting of one attorney selected by the insurer; one attorney selected by the insured; and one attorney selected by the attorney selected by the insurer and the attorney selected by the insured.

2 Effective Date. This act shall take effect January 1, 2010.