63M-7-512 - Reparations reduction.
63M-7-512. Reparations reduction.
(1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
(a) the economic loss upon which the claim is based has been or could be recouped fromother persons, including collateral sources;
(b) the reparations officer considers the claim unreasonable because of the misconduct ofthe claimant or of a victim through whom the claimant claims; or
(c) the victim did not use a facility or health care provider which would be covered by acollateral source.
(2) When two or more dependents are entitled to an award as a result of a victim's death,the award shall be apportioned by the reparations officer among the dependents.
Amended by Chapter 339, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session