Provides relative to civil liability for the crime of hit-and-run driving
Impact
The proposed changes in HB 474 can significantly alter the landscape of civil liability regarding hit-and-run cases. By creating a presumption of liability for hit-and-run drivers, the burden of proof shifts to the insurers and their clients. This means that victims are less likely to face difficulties in claiming damages due to the inherent challenges of proving fault in hit-and-run situations, promoting a fairer treatment of victims in the context of insurance claims.
Summary
House Bill 474 seeks to address civil liability concerning hit-and-run incidents by establishing a presumption that a hit-and-run driver has caused any damage resulting from the accident. This bill amends existing laws to ensure that insurers cannot deny claims made by victims of hit-and-run incidents on the basis that the claimant cannot prove that the insured was at fault. Instead, victims can now assert their claims against insurers under the assumption that the driver is liable unless proven otherwise.
Sentiment
Supporters of HB 474 view it as a necessary enhancement to the rights of victims of hit-and-run accidents, believing it will lead to greater accountability among drivers, as well as fair treatment from insurance companies. Conversely, some critics express concerns regarding the implications of presuming fault in such cases, arguing that it could create undue burdens on insurers and possibly lead to higher premiums for consumers at large.
Contention
Notable points of contention surrounding HB 474 involve the potential financial implications for insurance companies and consumers. The bill asserts that penalties for breaches of good faith by insurers can reach up to two times the damages sustained or $5,000, reinforcing the need for insurers to honor claims related to hit-and-run incidents. Critics argue that this may incentivize insurance companies to raise rates or impose strict underwriting criteria to mitigate perceived risks, thereby impacting affordability and accessibility for consumers.