Bill > HB440

This bill amends Louisiana law regarding automobile liability insurance and medical claims, focusing on a claimant's duty to mitigate damages. The legislation modifies existing insurance regulations by creating a new legal standard where a claimant's failure to use available health insurance for medical expenses creates a rebuttable presumption of not adequately mitigating damages. Specifically, if a claimant does not use their health insurance to cover medical expenses related to an injury, the defendant can argue that the claimant should have their damage award reduced. However, the claimant can counter this presumption by providing evidence that not using health insurance was reasonable, such as showing insurance policy limitations or demonstrating that using health insurance would have impacted their medical care choices. The bill maintains the existing provision that medical expenses from an accident must be diagnosed within one year and reported to the insurer within two years. The new provisions will only apply to future causes of action, becoming effective on January 1, 2026, and will not impact legal cases filed before that date. The goal appears to be encouraging more efficient use of available health insurance and potentially reducing overall damage awards in personal injury cases.

Business and Industry, Justice

https://www.legis.la.gov/legis/BillInfo.aspx?s=25rs&b=HB440&sbi=y