§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 (1991).

Right to no-fault benefits is not absolute. 73 H. 552, 836 P.2d 1074 (1992).

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 (1999).