SLS 24RS-128 ORIGINAL
2024 Regular Session
SENATE BILL NO. 25
BY SENATOR SEABAUGH
LIABILITY. Provides for limitation of damages for compulsory motor vehicle liability
security. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 32:866(A)(1), (F)(1) and (2), relative to compulsory motor
3 vehicle liability security; to provide relative to the recovery of damages; to provide
4 for limitation of damages; to provide with respect to limitation for recovery of bodily
5 injury and property damages; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:866(A)(1), (F)(1) and (2) are hereby amended and reenacted to
8 read as follows:
9 ยง866. Compulsory motor vehicle liability security; failure to comply; limitation of
10 damages
11 A.(1) There shall be no recovery for the first fifteen one hundred thousand
12 dollars of bodily injury and no recovery for the first twenty-five one hundred
13 thousand dollars of property damage based on any cause or right of action arising out
14 of a motor vehicle accident, for such injury or damages occasioned by an owner or
15 operator of a motor vehicle involved in such accident who fails to own or maintain
16 compulsory motor vehicle liability security.
17 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 25
SLS 24RS-128 ORIGINAL
1 F.(1) Notwithstanding any provision of law to the contrary, no insurer shall
2 lose any rights of subrogation for claims paid under the applicable insurance policy
3 for the recovery of any sum in excess of the first fifteen one hundred thousand
4 dollars of bodily injury and the first twenty-five one hundred thousand dollars of
5 property damages.
6 (2) In claims where no suit is filed, the claimant's insurer shall have all rights
7 to recover any amount paid by the claimant's insurer on behalf of the insured for the
8 recovery of any sum in excess of the first fifteen one hundred thousand dollars of
9 bodily injury and the first twenty-five one hundred thousand dollars of property
10 damages.
11 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 25 Original 2024 Regular Session Seabaugh
Present law (R.S. 32:866) provides that there shall 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
or right of action arising out of a motor vehicle accident, for such injury or damages
occasioned by an owner or operator of a motor vehicle involved in such accident who fails
to own or maintain compulsory motor vehicle liability security.
Proposed law retains present law but increases the amount for no recovery for first bodily
injury from $15,000 to $100,000 and increases the amount for no recovery of property
damages from $25,000 to $100,000.
Present law provides that notwithstanding any provision of law to the contrary, no insurer
shall lose any rights of subrogation for claims paid under the applicable insurance policy for
the recovery of any sum in excess of the first $15,000 of bodily injury and the first $25,000
of property damages.
Proposed law retains present law but increases an insurer's rights of subrogation for claims
paid under the applicable policy for the recovery of any sum in excess from $15,000 to
$100,000 of bodily injury and from $25,000 to $100,000 of property damages.
Present law provides that in claims where no suit is filed, the claimant's insurer shall have
all rights to recover any amount paid by the claimant's insurer on behalf of the insured for
the recovery of any sum in excess of the first $15,000 of bodily injury and the first $25,000
of property damages.
Proposed law retains present law but increases the amount the claimant's insurer has the right
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 25
SLS 24RS-128 ORIGINAL
to recover for amounts paid on behalf of the insured for claims where no suit is filed for the
recovery of any sum in excess from $15,000 to $100,000 of bodily injury and from $25,000
to $100,000 of property damages.
Effective August 1, 2024.
(Amends R.S. 32:866(A)(1), (F)(1) and (2))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.