(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 Alaska Stat. § 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 Alaska Stat. § 28.22.011 or, if applicable, the motor vehicle liability insurance provisions of Alaska Stat. Chapter 28.20. In this subsection, “damages for noneconomic losses” means the compensation claimed for the losses identified in Alaska Stat. § 09.17.010(a).

Terms Used In Alaska Statutes 09.65.320

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 11.81.900 at the time of the accident.