SF 124 took another tack on limiting damages in civil proceedings. It provided that in an action to recover damages arising from the operation or use of a motor vehicle, an injured individual could not recover non-economic damages if:

(1) he/she was the owner of a vehicle involved in the accident and the vehicle was not insured as required by state law; or

(2) he/she was the operator of a vehicle involved in the accident and could not establish financial responsibility as required by state law.

SF 124 defined non-economic damages as damages for physical or mental pain or suffering, inconvenience, emotional stress, impairment of quality of life, physical impairment or disfigurement, or loss of consortium, as well as punitive, exemplary, or other general damages.

SF 124 also provided that an insurer would not have to pay for non-economic losses of a person injured under the above circumstances.

The bill excepted instances where a person was injured by a motorist subsequently convicted of driving under the influence at the time of the accident.

Proponents of SF 124 argued that in order to recover non-economic damages, a motorist should be responsible enough to maintain his/her own insurance or financial responsibility as required by state statutes.

Opponents argued that passage of SF 124 would allow a wrongdoer and his/her insurer to avoid responsibility for harmful actions, and that there are more appropriate ways to make motorists maintain their vehicle insurance.

SF 124 died in the Senate Committee of the Whole (the first opportunity for floor debate), 14-16.