State Codes and Statutes

Statutes > Connecticut > Title38a > Chap700 > Sec38a-363

      Sec. 38a-363. (Formerly Sec. 38-319). Definitions. As used in sections 38a-17, 38a-19 and 38a-363 to 38a-388, inclusive:

      (a) "Injury" means bodily injury, sickness or disease, including death resulting therefrom, accidentally caused and arising out of the ownership, maintenance or use of (1) a private passenger motor vehicle; or (2) a vehicle with a commercial registration, as defined in section 14-1.

      (b) "Insurer" or "insurance company" includes a self-insurer and a person having the rights and obligations of an insurer under sections 38a-19 and 38a-363 to 38a-388, inclusive, as provided by section 38a-371.

      (c) "Occupying" a vehicle means to be in or upon or entering into or alighting from the vehicle.

      (d) "Owner" of a private passenger motor vehicle means the person who owns the legal title thereto, except where the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, in which event "owner" means the debtor or lessee.

      (e) "Private passenger motor vehicle" means a: (1) Private passenger type automobile; (2) station-wagon-type automobile; (3) camper-type motor vehicle; (4) high-mileage-type motor vehicle, as defined in section 14-1; (5) truck-type motor vehicle with a load capacity of fifteen hundred pounds or less, registered as a passenger motor vehicle, as defined in said section, or as a passenger and commercial motor vehicle, as defined in said section, or used for farming purposes; or (6) a vehicle with a commercial registration, as defined in subdivision (12) of said section. It does not include a motorcycle or motor vehicle used as a public or livery conveyance.

      (f) "Relative" of a person means one who is related to the person by blood, marriage or adoption.

      (g) "Use" of a motor vehicle includes the loading or unloading thereof.

      (h) "Pedestrian" means any person not occupying a vehicle of any type other than a vehicle designed to be drawn or driven by muscular power.

      (1972, P.A. 273, S. 1; P.A. 74-17, S. 1, 2; P.A. 76-182, S. 1; P.A. 80-128; P.A. 81-394, S. 7; P.A. 84-429, S. 73; P.A. 93-297, S. 10, 29; P.A. 94-243, S. 4; P.A. 01-139, S. 5; P.A. 05-288, S. 142; P.A. 08-110, S. 1; 08-150, S. 38.)

      History: P.A. 74-17 defined "pedestrian" in new Subdiv. (l); P.A. 76-182 redefined "economic loss" to include losses incurred by persons unemployed at time of accident, i.e. equivalency of unemployment compensation benefits; P.A. 80-128 redefined "private passenger motor vehicle"; P.A. 81-394 amended Subdiv. (g) to include a high-mileage type motor vehicle within the definition of "private passenger motor vehicle"; P.A. 84-429 made technical changes for statutory consistency; Sec. 38-319 transferred to Sec. 38a-363 in 1991; P.A. 93-297 deleted definitions of "basic reparations insured", "economic loss", "added reparations benefits" and "basic reparations benefits" and relettered the remaining Subdivs. accordingly, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date; P.A. 94-243 redefined "injury" to include injuries involving vehicles with commercial registrations and redefined "private passenger motor vehicle" to include vehicles with commercial registrations; P.A. 01-139 applied definitions to Sec. 38a-17, and applied definition of an "insurer" to an "insurance company"; P.A. 05-288 made a technical change in Subdiv. (a), effective July 13, 2005; P.A. 08-110 made technical change in Subsec. (a), effective May 27, 2008; P.A. 08-150 amended Subsec. (a) to insert Subdiv. designators (1) and (2) and make a technical change.

      Annotations to former section 38-319:

      Cited. 169 C. 267. Cited. 186 C. 507. Cited. 187 C. 451.

      Cited. 36 CS 317. Cited. 38 CS 318.

      Subdiv. (b):

      Cited. 3 CA 432.

      Cited. 31 CS 229.

      Subdiv. (d):

      Cited. 36 CS 561.

      Subdiv. (f):

      Cited. 194 C. 129.

      Subdiv. (g):

      Cited. 181 C. 650. Cited. 203 C. 45.

      Cited. 3 CA 240.

      Cited. 37 CS 723. A police car is a private passenger motor vehicle within definition of statute. 39 CS 165.

      Subdiv. (k):

      Cited. 200 C. 630.

      Cited. 3 CA 432. Cited. 22 CA 27; judgment reversed, see 217 C. 631.

      Cited. 31 CS 229.

      Annotation to present section:

      Subdiv. (g):

      Cited. 25 CA 492; judgment reversed, see 222 C. 744.