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 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))