LRB-2106/1
RPN:kmg:jf
1999 - 2000 LEGISLATURE
August 19, 1999 - Introduced by Representatives Ladwig, Petrowski, Pettis,
Ainsworth, Brandemuehl, Goetsch, Huebsch, Hundertmark, Kaufert,
Kelso, Kestell, Kreibich, F. Lasee, M. Lehman, Musser, Nass, Owens, Plale,
Porter, Seratti, Stone and Vrakas, cosponsored by Senators Huelsman,
Farrow, Darling and
Drzewiecki. Referred to Committee on Judiciary and
Personal Privacy.
AB436,1,2
1An Act to create 895.047 of the statutes;
relating to: limits on recovery for
2injuries from a motor vehicle accident.
Analysis by the Legislative Reference Bureau
Under current law, if a person is injured or dies as the result of another person's
negligent operation of a motor vehicle, the person may recover for his or her damages.
The amount recoverable depends on the amount of negligence that is attributed to
each party. Damages that are recoverable include economic damages, including the
cost of medical care, loss of income and compensation for expenses incurred as a
result of the injury, such as the provision of child care, and noneconomic damages,
including compensation for pain and suffering, humiliation, mental distress, loss of
mental or physical health, loss of consortium, society and companionship and loss of
love and affection.
Under this bill, a person injured or killed while operating a motor vehicle may
not recover for his or her noneconomic damages from the person whose negligence
resulted in the injury if the operator knew or should have known that the motor
vehicle that he or she was operating was not covered by a motor vehicle insurance
policy with liability limits of at least $25,000 for bodily injury or death of one person,
$50,000 for bodily injury or death of two or more persons and $10,000 for injury or
destruction of property. These amounts are identical to the minimum insurance
requirements for financial responsibility necessary to restore a driver license after
being involved in an accident resulting in a judgment of over $500. If a person
operating a motor vehicle owned by another person is prohibited from recovering his
or her noneconomic damages from the negligent person because the motor vehicle
was not adequately insured, the operator may recover those noneconomic damages
from the owner of the motor vehicle.
The bill also prohibits a person who is injured or killed while operating a motor
vehicle from recovering his or her noneconomic damages if the incident that resulted
in the injury or death also resulted in any of the following:
1. The operator's license being revoked for refusing to submit to a test to
determine the amount of alcohol in his or her blood.
2. The conviction of the operator for any offense related to the operation of a
motor vehicle while under the influence of an intoxicant, controlled substance or
other drug.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB436, s. 1
1Section
1. 895.047 of the statutes is created to read:
AB436,2,2
2895.047 Recovery for motor vehicle injuries limited. (1) In this section:
AB436,2,43
(a) "Motor vehicle" has the meaning given in s. 340.01 (35), but does not include
4all-terrain vehicles or snowmobiles.
AB436,2,95
(b) "Motor vehicle insurance policy" means a policy of insurance that insures
6the motor vehicle named therein, and the purchaser of the motor vehicle insurance
7policy when using any motor vehicle with the express or implied permission of the
8owner, against loss from the use of the motor vehicle within the United States or
9Canada.
AB436,2,1010
(c) "Noneconomic damages" has the meaning given in s. 893.55 (4) (a).
AB436,3,2
11(2) (a) Except as provided in sub. (4), any individual who operates a motor
12vehicle that he or she knows or should have known is not covered by any motor
13vehicle insurance policy with liability limits of at least those listed in par. (b) may not
14recover noneconomic damages for his or her accidental bodily injury or death caused
1by the negligence of another person and arising out of the operation of the motor
2vehicle.
AB436,3,73
(b) The minimum liability limits for the motor vehicle insurance policy,
4exclusive of interest and costs, shall be $25,000 because of bodily injury to or death
5of one person in any one accident and, subject to that limit for one person, $50,000
6because of bodily injury to or death of 2 or more persons in any one accident, and
7$10,000 because of injury to or destruction of property of others in any one accident.
AB436,3,15
8(3) Any individual whose operating privilege is revoked under s. 343.305 (10)
9or who is convicted of operating a motor vehicle in violation of s. 346.63 (1), a local
10ordinance in conformity with s. 346.63 (1) or a law of a federally recognized American
11Indian tribe or band in this state in conformity with s. 346.63 (1), 346.63 (2), 940.09
12(1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) may not recover noneconomic
13damages for his or her accidental bodily injury or death caused by the negligence of
14another person and arising out of the operation of the motor vehicle if the injury and
15the conviction or revocation arose out of the same incident.
AB436,3,19
16(4) Any individual prohibited from recovering noneconomic damages under
17sub. (2) who was operating a motor vehicle owned by another person may recover
18those noneconomic damages from the owner of the motor vehicle if all of the following
19conditions apply:
AB436,3,2220
(a) The owner of the motor vehicle did not provide a motor vehicle insurance
21policy with liability limits of at least those listed in sub. (2) (b) covering the motor
22vehicle that the individual was operating at the time of his or her injury or death.
AB436,3,2523
(b) The individual would have recovered noneconomic damages for his or her
24accidental bodily injury or death caused by the negligence of another person if the
25individual was not prohibited from doing so under sub. (2).
AB436,4,32
(1) This act first applies to injuries or deaths occurring on the effective date of
3this subsection.
AB436,4,65
(1)
This act takes effect on the first day of the 6th month beginning after
6publication.
