§431:10C-306 Abolition of tort liability. (a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State:
(b) Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances:
(c) Subsections (a) and (b) shall apply whether or not the injured person is entitled to receive personal injury protection benefits. The party against whom the presumption under this section is directed shall have the burden of proof to rebut the presumption.
(d) No claim may be made for benefits under the uninsured motorist coverage by an injured person against an insurer who has paid or is liable to pay motor vehicle insurance benefits to the injured person unless the claim meets the requirements of this article.
(e) No provision of this article shall be construed to exonerate, or in any manner to limit:
(f) No provision of this section shall be construed to abolish tort liability with respect to property damage arising from motor vehicle accidents. [L 1987, c 347, pt of §2; am L 1997, c 251, §43; am L 1998, c 275, §§22, 23; am L 2001, c 157, §31]