47 OS 7-116 No Pay No Play and Inoperable Vehicle Question
I have a client who was borrowing a friend's vehicle and was in a motor vehicle accident that was not her fault. The friend's vehicle had compulsory liability insurance. My client owned a vehicle that had become inoperable and was parked indefinitely. Client had no insurance on their own vehicle because they saw no reason to spend money to insure an inoperable vehicle. Under these circumstances would 47 OS 7-116 affect my client's right to a full recovery?
Answer: I sure wouldn't think so. The statute purports to limit the damages recoverable only "if the plaintiff or claimant is not in compliance with the Compulsory Insurance Law," Your client has complied with the compulsory insurance law because the vehicle she was driving was covered and that coverage attaches to her. It appears to me you also have a good argument that she wasn't required to have her vehicle covered because it is disabled and not being used on public roads but I don't think you will ever get to that issue.
I assume you are also aware the statute is highly likely to be unconstitutional as an invalid restriction on access to the courts.
Posted on Mon, October 29, 2012
by Sharon Coleman filed under