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SB 335 - Under this act, motorists who operate motor vehicles in Missouri without maintaining financial responsibility or who knowingly permits the operation of a motor vehicle without maintaining financial responsibility shall, at the time of an accident, be deemed to have waived any right to recover noneconomic damages from a person who is in compliance with Missouri's financial responsibility law. The mandatory waiver of noneconomic damages imposed by the act shall not apply in cases where the accident was caused by a driver who was operating the vehicle under the influence of alcohol or drugs, or who is convicted of involuntary manslaughter or assault in the second degree. The waiver of noneconomic damages shall not apply in instances where his or her insurance policy was nonrenewed or cancelled for nonpayment, unless the driver had received notice from the insurance company at least 30 days prior to time of the accident. In legal actions against a person who is in compliance with Missouri's financial responsibility laws, the person who has waived his or her rights under the act shall have his or her award reduced by the amount representing noneconomic damages. The jury shall not be informed of the effect of the waiver on the person's total amount of recovery. Passengers in an uninsured motor vehicle are not subject to the noneconomic recovery limitations of the act (Section 303.390). STEPHEN WITTE
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