HLS 14RS-276 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 118
BY REPRESENTATIVE HARRISON
INSURANCE/AUTOMOBIL E: Provides relative to the penalties for failure to maintain
compulsory motor vehicle liability security
AN ACT1
To amend and reenact R.S. 32:866(A)(1), (C), and (G)(1)(c), relative to compulsory motor2
vehicle liability security; to provide for the payment of attorney fees in certain3
circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:866(A)(1), (C), and (G)(1)(c) are hereby amended and reenacted6
to read as follows: 7
ยง866. Compulsory motor vehicle liability security; failure to comply; limitation of8
damages9
A.(1) There should shall be no recovery for the first fifteen thousand dollars10
of bodily injury and no recovery for the first twenty-five thousand dollars of property11
damage based on any cause or right of action arising out of a motor vehicle accident,12
for such injury or damages occasioned by an owner or operator of a motor vehicle13
involved in such accident who fails to own or maintain compulsory motor vehicle14
liability security.15
* * *16
C.(1) If the owner of a motor vehicle, who fails to own or maintain17
compulsory motor vehicle liability security, institutes an action to recover damages18
in any amount, regardless of whether such owner or operator is at fault, and is19
awarded an amount equal to or less than the minimum amount of compulsory motor20 HLS 14RS-276 ORIGINAL
HB NO. 118
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vehicle liability security, then such owner or operator shall be assessed and held1
liable for all court costs incurred by all parties to the action.2
(2) If the owner of a motor vehicle, who fails to own or maintain compulsory3
motor vehicle liability security, institutes an action to recover damages in any4
amount, regardless of whether such owner or operator is at fault, and is not awarded5
any damages, then such owner or operator shall be assessed and held liable for all6
court costs and attorney fees incurred by all parties to the action.7
* * *8
G.(1) Except for newly acquired vehicles added to a policy subject to the9
policy terms, the issuance, change, or adjustment of any motor vehicle liability10
security or insurance policy subsequent to a motor vehicle accident, without proof11
of coverage having been bound prior to such motor vehicle accident, shall not12
effectuate any of the following:13
* * *14
(c) The avoidance of liability for court costs and attorney fees otherwise15
required under this Section.16
* * *17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 118
Abstract: Requires an owner or operator of a motor vehicle who fails to maintain motor
vehicle liability security to pay the attorney fees of opposing parties to an action for
damages under certain circumstances.
Present law provides that there "should" be no recovery for the first $15,000 of bodily injury
and no recovery for the first $25,000 of property damage based on any cause of action
arising out of a motor vehicle accident, for damages incurred by an owner or operator who
fails to maintain compulsory motor vehicle liability security.
Proposed law retains present law but changes "should" to "shall" to be consistent with the
terminology of Act 1476 of the 1997 Regular Session.
Present law provides that if the owner of a motor vehicle, who fails to maintain compulsory
motor vehicle liability security, institutes an action to recover damages and is awarded an
amount equal to or less than the minimum amount of compulsory motor vehicle liability HLS 14RS-276 ORIGINAL
HB NO. 118
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
security, then the owner or operator shall be liable for all court costs incurred by all parties
to the action.
Proposed law retains present law and adds that if the owner or operator of a motor vehicle
is not awarded any damages, then he shall also be liable for all attorney fees incurred by all
parties to the action.
(Amends R.S. 32:866(A)(1), (C), and (G)(1)(c))