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



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



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



(2)  The driver and other occupants of an insured
vehicle, other than a vehicle which is regularly used in the course of the
business of transporting persons or property and which is one of five or more
vehicles 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 by
person who walked up to stopped vehicle did not arise out of use of motor
vehicle.  776 F. Supp. 1432.



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



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