HOUSE DOCKET, NO. 411        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 876



The Commonwealth of Massachusetts



In the Year Two Thousand Nine



An Act to discourage uninsured motorists by limiting their bodily injury liability compensation ..


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.Section 6D of Chapter 231 of the General Laws of Massachusetts, as appearing in the 2006 Official Edition, is hereby amended by adding at the end of the current section the following sentences:

In any action of tort brought as a result of bodily injury, sickness or disease, arising out of the ownership, operation, maintenance or use of a motor vehicle within this commonwealth by the defendant, any plaintiff who is under obligation to meet the requirements of sections thirty-four A and thirty-four M of chapter ninety and who, at the time of the incident giving rise to such injury, sickness or disease, was not satisfying those requirements, may recover damages only for the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital, professional nursing and funeral expenses, and may not recover damages for pain and suffering, including mental suffering associated with such injury, sickness or disease.  Reasonable attorney fees are to be determined by a court of appropriate jurisdiction, not to exceed fifty (50) percent of the amount of the recovered damages.

SECTION 2.This act shall take effect six (6) months from the date of its enactment, or on January first of the year two thousand and ten, whichever date is later, but only if measures are taken, such as the passage of strong choice/no-fault legislation, that in the judgment of the Commissioner of Insurance has, or will have by the effective date of this act, the effect of allowing motorists to reduce the costs of the minimum compulsory bodily injury insurance in the highest-rated territories by a minimum of twenty (20) percent.