§431:10C-118  Fee in lieu of fine; defense. (a)  Any person bringing an action in tort under this article who was uninsuredat the time of the accident shall pay a fee of $1,000 in lieu of any fine whichcould have been levied as a criminal penalty for failing to obtain the motorvehicle 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 orverdict received, or both.

(c)  No person shall be required to pay the feein subsection (a) if the person can show proof of having been convicted in aprior criminal proceeding for failing to have motor vehicle insurance coverageon the date of the accident which is the subject of the tort action. [L 1987, c347, pt of §2; am L 1997, c 251, §28]