§431:10C-303  Right to personal injuryprotection benefits.  (a)  If the accident causing accidental harm occursin this State, every person insured under this article, and such person'ssurvivors, suffering loss from accidental harm arising out of the operation,maintenance, or use of a motor vehicle, has a right to personal injuryprotection benefits.

(b)  If the accident causing accidental harmoccurs outside this State, the following persons and their survivors sufferingloss from accidental harm arising out of the operation, maintenance, or use ofa motor vehicle, have a right to personal injury protection benefits as definedin section 431:10C-103.5(a):

(1)  Insureds as defined in section 431:10C-103; and

(2)  The driver and other occupants of an insuredvehicle, other than a vehicle which is regularly used in the course of thebusiness of transporting persons or property and which is one of five or morevehicles under common ownership. [L 1987, c 347, pt of §2; am L 1997, c 251,§40]

 

Case Notes

 

  Injury and subsequent death of automobile passenger shot byperson who walked up to stopped vehicle did not arise out of use of motorvehicle.  776 F. Supp. 1432.

  Right to no-fault benefits is not absolute.  73 H. 552, 836P.2d 1074.

  As motorcycles are excluded from the definition of"motor vehicle" under §431:10C-103, appellant's accident with amotorcycle was not a "motor vehicle accident" under the definitionset forth in §431:10C-103; appellant was thus not entitled to no-fault benefitsunder subsection (a) (1993).  91 H. 299 (App.), 983 P.2d 200.