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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 65. Actions, Immunities, Defenses, and Duties
- Section 320. Nonrecovery For Damages For Noneconomic Losses Resulting From Operating a Motor Vehicle While Uninsured.
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. Damages Resulting From Driving the Vehicle of a Person Under the Influence of An Alcoholic Beverage. [Repealed, Sec. 3 Ch 69 SLA 2004].
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. Immunity: Use of Defensive Force.
AS 09.65.320. Nonrecovery For Damages For Noneconomic Losses Resulting From Operating a Motor Vehicle While Uninsured.
- (a) Except as provided in (b) of this section, in an action to recover damages for personal injury or wrongful death, a
person who suffers personal injury or death or the person's personal representative under AS 09.55.570
or 09.55.580 may not recover damages for noneconomic
losses if the injury or death occurred while the person was operating a motor vehicle and the person knew that the
person was not in compliance with the motor vehicle liability insurance provisions of AS 28.22.011
or, if applicable, the motor vehicle liability insurance provisions of AS 28.20. In this subsection, "damages for noneconomic losses" means
the compensation claimed for the losses identified in AS 09.17.010
- (b) The prohibition against the recovery of noneconomic losses in (a) of this section does not apply if the person who is
liable for the personal injury or wrongful death
- (1) was driving while under the influence of an alcoholic beverage, inhalant, or controlled substance;
- (2) acted intentionally, recklessly, or with gross negligence;
- (3) fled from the scene of the accident; or
- (4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a felony as defined in
at the time of the accident.
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