Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Impact
If enacted, A09218 would significantly alter the landscape of civil liability in the state by setting clear limitations on recovery for certain offenders. This change could deter individuals from driving without insurance or while intoxicated, as their potential recovery in the event of an accident would be substantially reduced. However, critics may argue that this could be overly punitive and further endanger innocent parties involved in such incidents, potentially leaving them with limited recourse.
Summary
Bill A09218, introduced in the New York Assembly, aims to amend the vehicle and traffic law as well as the civil practice law and rules to limit the damages that can be recovered in tort claims by specific categories of plaintiffs. This includes uninsured motorists, drivers operating a vehicle while intoxicated, and individuals convicted of a felony during the incident. The primary objective of the bill is to restrict plaintiffs from receiving awards beyond compensatory damages, which cover property damage, medical expenses, and lost wages, following an accident under the aforementioned circumstances.
Conclusion
The enactment of A09218 would represent a significant shift in how tort claims are adjudicated in New York, particularly in relation to uninsured and high-risk drivers. As discussions progress, the implications of such a law will need careful consideration to balance the interests of all parties involved in motor vehicle accidents, ensuring both justice for victims and accountability for offenders.
Contention
Notable points of contention surrounding A09218 include concerns regarding fairness and justice. Opponents may argue that penalizing drivers for being uninsured or for acting against the law at the time of an accident could disproportionately affect low-income individuals who might already be struggling. The bill's supporters, however, may defend it as a necessary step to ensure that responsible drivers are not unfairly burdened by the costs associated with accidents caused by reckless individuals.
Same As
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Prohibits the naming of state buildings after a public officer during the period in which that person is a public officer or after a public officer who has been convicted of a felony.
Provides that certain crimes of child abuse may be amended to give the plaintiff until they reach 55 years of age; provides that where acts or omissions giving rise to a claim and occurred in more than one jurisdiction, New York courts shall have jurisdiction where the plaintiff resided in this state for a substantial portion of childhood or received a substantial portion of the treatment or medical control in this state; voids any insurance policy which purports to exclude or limit coverage for certain claims where an action to recover damages for injury resulting from child abuse, including physical abuse, emotional abuse, medical neglect, or medical negligence committed against a person when such person was under eighteen years of age; makes related provisions.
Requires the cost or estimated cost of repairs for any motor vehicle damaged in such accident, or if a motor vehicle involved in such accident incurred no damage then a notation of such fact to be included in accident reports and for such information to be disclosed in reports made by motor vehicle condition reporting agencies.
Enacts "CJ's law" in relation to increasing the penalties for leaving the scene of an accident without reporting where such accident resulted in the death of a minor to a class C felony punishable by a fine of not less than four thousand nor more than eight thousand dollars in addition to any other penalties provided by law.