A bill to regulate commerce by establishing a nationwide system to restore motor vehicle accident victims and by requiring no-fault motor vehicle insurance as a condition precedent to using a motor vehicle on public roadways.
National No- Fault Motor Vehicle Insurance Act - Title I: General Provisions - States that every owner of a motor vehicle which is registered in a State in which a State no-fault plan for motor vehicle insurance in accordance with this Act is in effect, or which is operated in such State by the owner or with his permission, shall continuously provide security covering such motor vehicle while such vehicle is either present or registered in such State.
Requires the commissioner of insurance for each State to establish and implement or approve and supervise a plan assuring that any required no-fault benefits and tort liability coverages for motor vehicles will be conveniently and expeditiously available, subject only to payment or provisions for payment of the premium, to each individual who cannot conveniently obtain insurance through ordinary methods at rates not in excess of those applicable to similarly situated individuals under the plan.
Requires that all insurers writing no-fault benefits and tort liability coverages in a State shall participate in the plan in such State. States that, subject to the supervision and approval of the commissioner, insurers may consult and agree with each other and with other appropriate persons as to the organization, administration, and operation of the plan and as to rates and rate modifications for insurance coverages provided under the plan.
Requires that every contract of insurance providing security covering a motor vehicle which is not one of five or more motor vehicles under common ownership insured under a single insuring agreement, may not be cancelled, modified, or otherwise terminated by the insurer nor may the insurer fail to renew except at specified dates or intervals which may not be less than 6 months after the inception of coverage or thereafter less than 6 months apart unless the commissioner so provides.
Provides that, subject to the supervision and approval of the commissioner, the plan shall afford required coverages for motor vehicles to any economically disadvantaged individual, at rates as determined by the State, which shall not be so great as to deny such individual access to insurance which it is necessary for him to have in order to earn income and to be or remain gainfully employed.
Sets forth restrictions on termination of no- fault insurance. Provides that no-fault benefits are payable monthly as loss accrues; and that loss accrues not when injury occurs, but as allowable expense, work loss, replacement services loss, or survivor's loss is sustained.
States that, except as otherwise provided in this Act, no-fault benefits shall not be denied or terminated because the victim executed a release or other settlement agreement.
Allows, if no-fault benefits have not been paid for loss arising otherwise than from death, the commencement of action therefor not later than 2 years after the victim suffers the loss and either knows, or in the exercise of reasonable diligence should have known, that the loss was caused by the accident, or not later than 4 years after the accident, whichever is earlier.
Permits restoration obligors providing basic restoration insurance in a State to organize and maintain, subject to approval and regulation by the commissioner, an assigned claims bureau and an assigned claims plan and adopt rules for their operation and for assessment of costs on a fair and equitable basis consistent with this Act.
Provides that the assignee thereafter has rights and obligations as if he had issued a policy of basic restoration insurance complying with this Act applicable to the injury or, in a case involving the financial inability of a restoration obligor to perform its obligations, as if the assignee had written the applicable basic restoration insurance, undertaken the self-insurance, or lawfully obligated itself to pay basic restoration benefits.
Directs the commissioners, in accordance with applicable State law, to regulate restoration obligors providing security covering a motor vehicle in his State, including the rates charged for security. Requires commissioners, through the State vocational rehabilitation agency, to establish and maintain a program for the regular and periodic evaluation of medical and vocational rehabilitation services for which reimbursement or payment is sought from a restoration obligor as an item of allowable expense. Authorizes the commissioner to establish and maintain a program for the regular and periodic evaluation of his State's no-fault plan for motor vehicle insurance; and to coordinate with appropriate government agencies the creation and maintenance of an emergency health services system.
States that a restoration obligor providing security for the payment of basic restoration benefits shall be obligated to provide, and each contract of insurance for the payment of basic restoration benefits shall be construed to contain, coverage of $50,000 to protect the owner or operator of a motor vehicle from tort liability.
Directs a restoration obligor providing security for the payment of basic restoration benefits to pay or otherwise provide such benefits without regard to fault to each individual entitled thereto, pursuant to the terms and conditions of the State no-fault plan for motor vehicle insurance applicable thereto. States that the provisions of this Act shall apply to Federal motor vehicles.
Title II: National Standards for State No-Fault Motor Vehicle Insurance Plan - Prohibits State law from preventing establishment of a State no-fault plan pursuant to this Act.
Grants the Secretary of Transportation power to approve and to annually review State no- fault plans.
Authorizes the Secretary to provide grants to any State for the purpose of reimbursing such State for any governmental cost increases resulting from the implementation or administration of a no-fault plan for motor vehicle insurance in accordance with this Act.
Authorizes to be appropriated to the Secretary to carry out his responsibilities under this Act such sums as are necessary, not to exceed $10,000,000.
Set forth how benefits may be limited under no-fault plans.
States that tort liability is abolished with respect to any injury that takes place in a State in which a no-fault plan for motor vehicle insurance in accordance with this title is in effect prior to such injury if such injury arises out of the maintenance or use of a motor vehicle, except that an owner of a motor vehicle involved in an accident remains liable if, at the time of the accident, the vehicle was not a secured vehicle.
Provides that a person remains liable for damages for noneconomic detriment.
Provides that all benefits or advantages that an individual receives, or is entitled to receive, from social security, workmen's compensation, any State required temporary, nonoccupational disability insurance, and all other benefits received by or available to an individual because of the injury, from any government, shall be subtracted from loss in calculating net loss.
Requires insurers providing basic restoration insurance to offer additional restoration coverage, including for physical damage to a motor vehicle, a coverage for all collision and upset damage, subject to an optional deductible of an amount not to exceed $100.
Title III: Alternative State No-Fault Motor Vehicle Insurance Plan - Provides for an alternative State no-fault plan similar, with specified exceptions, to the one herein outlined.
Introduced in House
Introduced in House
Referred to House Committee on Interstate and Foreign Commerce.
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