• Nevada 'No Pay, No Play' Bill Seeks Non-Economic Damages Cap For Uninsured Motorists
  • May 14, 2015
  • Law Firm: Colodny Fass P.A. - Fort Lauderdale Office
  • A bill moving through the Nevada Legislature that would curtail non-economic damages for uninsured drivers is attracting a great deal of attention, inasmuch as only 10 other states have enacted similar laws to date.

    Sponsored by Republican Assemblyman Pat Hickey of Reno, AB7 is also known as the "no pay, no play" law and would provide that uninsured drivers could only collect financial damages relating to medical and property costs, as well as lost income.

    Specifically, the bill would prevent an uninsured motorist in a civil action from collecting compensation for noneconomic damages arising from a traffic accident with an insured, at-fault driver. The damage limitations would not apply if the plaintiff or claimant:
    • Was injured by a motorist who is driving while under the influence of drugs or alcohol
    • Was a passenger in the motor vehicle he or she does not own
    • Was not in any vehicle involved in the accident
    • Fled from the scene of the accident
    • Was a dependent whose parents did not have insurance at the time of the accident
    • Failed to maintain insurance coverage at the time of the accident, but had previously maintained motor vehicle insurance coverage and was notified at least 30 days before the accident; and is involved in a wrongful death claim.
    An amendment adopted to AB7 would shorten the policy cancellation or termination notification provision in the bill for those who had been previously covered from 30 days to 45 days.

    The Nevada Assembly approved the bill by a vote of 24 to 18, after which it was heard on April 27, 2015, but not yet acted upon by the Nevada Senate Judiciary Committee.