§431:10C-118  Fee in lieu of fine; defense. 
(a)  Any person bringing an action in tort under this article who was uninsured
at the time of the accident shall pay a fee of $1,000 in lieu of any fine which
could have been levied as a criminal penalty for failing to obtain the motor
vehicle insurance coverage required by this article.



(b)  The fee required under subsection (a)
shall be paid by the person directly, or deducted from any settlement or
verdict received, or both.



(c)  No person shall be required to pay the fee
in subsection (a) if the person can show proof of having been convicted in a
prior criminal proceeding for failing to have motor vehicle insurance coverage
on the date of the accident which is the subject of the tort action. [L 1987, c
347, pt of §2; am L 1997, c 251, §28]