House Bill No. 440, introduced by Representatives Henry and others, amends R.S. 22:1891 concerning automobile liability insurance policies. The bill reduces the time frame for insured individuals to report injuries from three years to two years following an accident, provided that the injuries are diagnosed within one year. Additionally, it establishes that a claimant's failure to utilize available health insurance for medical expenses creates a rebuttable presumption of failure to mitigate damages. Claimants can counter this presumption by demonstrating that their decision not to use health insurance was reasonable under specific circumstances.

The bill also outlines that if the presumption is not rebutted, the trier of fact may reduce the claimant's damage award by the amount that would have been covered by the claimant's health insurance for the medical expenses incurred. This reduction applies solely to the medical expenses for which the claimant did not use available health insurance. Furthermore, the provisions of this act will only apply prospectively, meaning they will not affect causes of action filed before the effective date of January 1, 2026. The bill does not apply to cases related to medical malpractice or malpractice liability for state services.

Statutes affected:
HB440 Original:
HB440 Engrossed: