H. B. 2353
(By Delegates Stalnaker and H. White)
[Introduced February 15, 2005; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §17D-2A-3 of the Code of West Virginia,
1931, as amended, relating to prohibiting operators of motor
vehicles who do not have insurance coverage from instituting
lawsuits for damages.
Be it enacted by the Legislature of West Virginia:
That §17D-2A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-3. Required security; exceptions.
Every owner or registrant of a motor vehicle required to be
registered and licensed in this State shall maintain security as
hereinafter provided in effect continuously throughout the
registration or licensing period except in case of a periodic use
or seasonal vehicle, in which case the owner or registrant is
required to maintain security upon the vehicle only for the portion of the year the vehicle is in actual use. As used in this section,
a periodic use or seasonal vehicle means a recreational vehicle,
antique motor vehicle, motorcycle or other motor vehicle which is
stored part of the year and used seasonally.
Every nonresident owner or registrant of a motor vehicle,
which is operated upon any road or highway of this State, and which
has been physically present within this State for more than thirty
days during the preceding three hundred sixty-five days, shall
thereafter maintain security as hereinafter provided in effect
continuously throughout the period such motor vehicle remains
within this State.
No person shall knowingly drive or operate upon any road or
highway in this State any motor vehicle upon which security is
required by the provisions of this article unless such security is
Such security shall be provided by one of the following
(a) By an insurance policy delivered or issued for the
delivery in this state by an insurance company authorized to issue
vehicle liability and property insurance policies in this State
within limits which shall be no less than the requirements of
section two, article four, chapter seventeen-d of this code; or
(b) By any other method approved by the Commissioner of the
Department Division of Motor Vehicles of this State as affording security equivalent to that offered by a policy of insurance,
including qualification as a self-insurer under the provisions of
section two, article six, chapter seventeen-d; or
(c) By depositing with the State Treasurer such cash or other
securities in the manner set forth in section sixteen, article
four, chapter seventeen-d of this code.
The requirements of this section apply to every registered and
licensed vehicle upon the next application for renewal of license
following the effective date of this section: Provided, That this
article shall not apply to any motor vehicle owned by the State or
by a political subdivision of this State, nor to any motor vehicle
owned by the federal government.
(d) Notwithstanding any provision of law to the contrary, no
person, regardless of fault, who operates a motor vehicle in this
State without the security required by this section, may institute
or maintain any legal action for damages.
NOTE: The purpose of this bill is to prohibit operators of
motor vehicles who do not have insurance coverage from instituting
lawsuits for damages.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would