HLS 25RS-514 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 440
BY REPRESENTATIVES HENRY, CARVER, DEWITT, DOMANGUE, EGAN, GALLE,
MELERINE, AND WYBLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE CLAIMS: Provides relative to automobile liability policies and related
medical claims
1 AN ACT
2To amend and reenact R.S. 22:1891, relative to automobile liability insurance policies; to
3 provide for the filing of medical claims; to require a claimant to first file with a
4 personal coverage provider; to provide for subrogation; to provide for proceedings
5 involving a claimant's failure to mitigate damages with use of personal insurance; to
6 provide for prospective application; to provide for an effective date; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:1891 is hereby amended and reenacted to read as follows:
10 §1891. Automobile liability coverage, coverage; medical payments; filing and
11 subrogation; actions of recovery
12 A. A policy of automobile liability insurance which provides for medical
13 payments coverage shall not limit the time period during which the insured is entitled
14 to payment or reimbursement for medical expenses incurred as a result of injuries
15 caused by a covered accident when the injuries are diagnosed within one year of the
16 accident and are reported to the insurer within three years of the accident.
17 B. If a person sustains any medical injury, disease, or sickness covered by
18 an automobile liability insurance policy and the person has private health insurance
19 coverage, Medicare coverage, or Medicaid coverage, prior to filing a liability claim
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HB NO. 440
1 with the automobile insurer, the person shall file a claim for the medical injury,
2 disease, or sickness with his private health insurer or provider of Medicare or
3 Medicaid coverage. The private health insurer or provider of Medicare or Medicaid
4 coverage may thereafter subrogate against the automobile liability insurer.
5 C.(1) In any action for recovery or personal injury damages contemplated
6 by this Section or R.S. 9:2800.27, a claimant's failure to utilize available health
7 insurance to pay for medical expenses arising from the injury or damages at issue
8 creates a rebuttable presumption that the claimant failed to mitigate damages.
9 (2) The presumption established in this Subsection may be rebutted by the
10 claimant through evidence showing that the failure to utilize health insurance was
11 reasonable under the circumstances, including but not limited to the following:
12 (a) The health insurance policy's limitations or exclusions related to the
13 treatment or services requested.
14 (b) Utilization of the claimant's health insurance would have impacted the
15 claimant's choice of care.
16 (3) A party alleging that the claimant failed to mitigate damages due to
17 non-utilization of health insurance has the burden of producing evidence supporting
18 the presumption of a failure to mitigate.
19 (4)(a) If the presumption established in this Subsection is not rebutted by the
20 claimant, the trier of fact may reduce the claimant's damage award by an amount
21 equal to the sum that would have been paid by the claimant's available health
22 insurance for the medical expenses incurred as a result of the injury or damages at
23 issue.
24 (b) The reduction of damages pursuant to this Paragraph applies only to the
25 medical expenses for which the claimant failed to use available health insurance, and
26 the trier of fact shall determine the applicable reduction based on the evidence
27 presented regarding the insurance coverage that was available to the claimant as
28 contemplated in Paragraph (3) of this Subsection and R.S. 9:2800.27(D).
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HB NO. 440
1 (5) This Subsection does not apply in cases brought pursuant to R.S.
2 40:1231.1 et seq. or 1237.1 et seq.
3 Section 2. The provisions of this Act have prospective application only and do not
4apply to causes of action filed prior to the effective date of this Act.
5 Section 3. The provisions of this Act shall become effective on January 1, 2026.
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)]
HB 440 Original 2025 Regular Session Henry
Abstract: Requires an insured claimant to first file a medical claim with his personal
medical coverage provider and authorizes the provider's subrogation for the claim.
Present law prohibits insurers of automobile liability insurance policies from limiting the
time period during which an insured is entitled to payment or reimbursement for medical
expenses as a result of injuries caused by a covered accident. Present law applies when a
policy provides coverage for medical payments and the insured's injuries are diagnosed
within 1 year of the accident and reported to the insurer within 3 years of the accident.
Proposed law retains present law and provides that if a person sustains a medical injury,
disease, or sickness covered by an automobile liability insurance policy and the person has
private health insurance or Medicare or Medicaid coverage, the person is required to first file
a medical claim with his private health insurer or Medicare or Medicaid provider.
Proposed law authorizes the person's private health insurer or Medicare or Medicaid
provider to subsequently subrogate against the automobile liability insurer.
Proposed law provides that a claimant's failure to use available health insurance to pay for
medical expenses for injury or damages creates a rebuttable presumption that the claimant
failed to mitigate damages.
Proposed law authorizes a claimant to rebut the presumption through evidence showing that
the claimant's failure to utilize health insurance was reasonable under certain circumstances.
Proposed law provides that a party alleging that the claimant failed to mitigate damages with
use of health insurance has the burden of providing evidence to support the presumption of
the claimant's failure to mitigate.
Proposed law provides that if the claimant does not refute the presumption, the trier of fact
may reduce the claimant's damage award by an amount equal to what the claimant's
available health insurance would have covered for medical expenses related to the injury or
damages in question. Further provides that the reduction applies only to medical expenses
for which the claimant did not utilize available health insurance. Requires the trier of fact
to determine the appropriate reduction based on the evidence presented regarding the
claimant’s insurance coverage in application with proposed law.
Proposed law does not apply to cases brought for claims pertaining to medical malpractice
(R.S. 40:1231.1 et seq.) or malpractice liability for state services (R.S. 40:1237.1 et seq). and
provides only for prospective application.
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HB NO. 440
Effective January 1, 2026.
(Amends R.S. 22:1891)
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