BATON ROUGE — The Louisiana Legislature continues its spring session, and like a merry-go-round, some bills move forward while others stall, depending on their success in committee hearings or ability to gain majority support in the House or Senate.
Several bills that could significantly impact Louisiana residents aim to lower car insurance rates across the state through legislative reform.
According to Insure.com, Louisiana ranks as the most expensive state for care insurance in the U.S., with an average annual premium totaling $2,883.
Car insurance legislation
House Bill 436 would limit legal claims filed by unauthorized immigrants involved in car accidents. The bill passed the House with a vote of 96–17 and has been referred to the Senate Judiciary A Committee.
Sponsored by Rep. Gabe Firment, R-Pollock, the bill would prohibit awarding damages for lost past and future wages to “unauthorized aliens”, defined as individuals unlawfully present in the U.S. under the Federal Immigration and Nationality Act.
Firment, who also chairs the House Insurance Committee, explained the bill during remarks to the Baton Rouge Press Club on May 5.
“House Bill 436 just says that if you’re in our country illegally and you’re in an auto accident, we’re not going to allow you to sue for mental anguish, anxiety, lost wages and those kinds of damages,” Firment said.
House Bill 34, sponsored by Rep. Brian Glorioso, R-Slidell, would allow any party involved in an auto accident lawsuit to introduce evidence related to medical expenses. It passed the House 68–26 and now moves to the Senate Judiciary A Committee for further consideration.
If enacted, the bill would limit recoverable medical expenses to a “reasonable amount,” with a judge or jury determining that amount.
House Bill 435 does not directly address insurance rates but would cap general damages in civil lawsuits at $5 million, even in wrongful death cases. The bill passed the House 62–23 and now heads to the Senate Judiciary A Committee for debate.
“By capping general damages, we can bring some certainty into the process and still adequately compensate persons who are injured,” Firment said.
In April, a Baton Rouge jury awarded a plaintiff $411 million in a personal injury case. It’s believed to be the largest single-plaintiff settlement in state history.
House Bill 439 would cap attorneys’ fees on small claims cases at 10%. It passed the House on April 28 and has been sent to the Senate Judiciary A Committee.
House Bill 434 seeks to expand the state’s “No Pay, No Play” law by preventing uninsured drivers from claiming damages for the first $100,000 in bodily injury or property damage following an accident. It passed the House 76–14 and now moves to the Senate.
House Bill 431 would restrict individuals who are primarily at fault in an accident from recovering damages for injuries. The bill passed on a strict party-line vote, 66 Republicans in favor, 26 Democrats opposed, and has been referred to the Senate Judiciary A Committee.
Under current law, an at-fault driver is responsible for their portion of the damages but may recover the balance from the other party. The proposed legislation would block recovery for anyone found to be 51% or more at fault.
House Bill 443 would require plaintiffs to notify defendants within 10 days of hiring legal counsel of their intent to file a lawsuit. The bill passed 70–22 and has been referred to the Senate Judiciary A Committee.
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