The Senators and Representative in Montana have just managed to get the legislation passed where the ‘no pay, no play’ provision would be added on to the existing auto insurance laws in the state. There are variations of the ‘no pay, no play’ laws that are already existing in a few states. These are in existence so the motorists who disobey the compulsory auto insurance coverage that is prescribed by the state, cannot sue for any of the non-economic damages that are caused as a result of the accidents. These uninsured drivers can no longer get away if they are not covered by the minimum insurance that is prescribed by the state.
According to the proponents of the law the uninsured motorists are enjoying the benefits because of the others who are purchasing insurance cover. Hence the ‘no pay, no play’ provision is a step forward in the right direction as this would help in significantly reducing the number of huge claims that the auto insurance companies have to settle to the uninsured drivers. This could have a positive impact on the premium rates overall and reduce the burden on the policyholders.
If this bill is signed by the Governor and passed as a law, the uninsured motorists who are involved in auto accidents may still be able to claim for damage to property as well as bodily injury. However, they will not be able to sue for issues like pain and suffering, inconvenience, emotional trauma, or any other non-economic damages.
However, the opponents of this legislation have conveyed to the House Transport Committee that the uninsured motorists are doing this out of certain compulsions such as negative economic conditions and their inability to pay for insurance, and not because they do not want the insurance cover. Hence, the opponents feel that that their recovery rights must not be infringed upon.
The primary sponsor of the bill, Sen. Jon Sonju, has countered this claim by stating that those who had their licenses suspended due to charges of drunken driving manage to find other alternative modes of transport and the same could be followed by the uninsured motorists.
The bill managed to be passed in both houses with slim majorities. It was passed in the House with 58-41 vote while the voting in the Senate was 26-24. Now the Governor’s signature is awaited for this bill to be passed into a law amidst these controversies.
