CIVIL/DAMAGES: Provides relative to recovery limitations for failure to maintain compulsory motor vehicle liability security

HLS 26RS-1130 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 516
BY REPRESENTATIVE WILFORD CARTER
CIVIL/DAMAGES: Provides relative to recovery limitations for failure to maintain
compulsory motor vehicle liability security
1 AN ACT
2 To amend and reenact R.S. 32:866(A)(1), (C), and (F), relative to recovery for certain
3 damages; to provide a limitation of recovery under certain circumstances; to require
4 automobile insurance to recover certain damages; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 32:866(A)(1), (C), and (F) are hereby amended and reenacted to read
7 as follows:
8 §866. Compulsory motor vehicle liability security; failure to comply; limitation of
9 damages
10 A.(1) There shall be no recovery for the first one hundred fifteen thousand
11 dollars of bodily injury and no recovery for the first one hundred fifteen thousand
12 dollars of property damage based on any cause or right of action arising out of a
13 motor vehicle accident, for such injury or damages occasioned by an owner or
14 operator of a motor vehicle involved in such an accident who fails to own or
15 maintain compulsory motor vehicle liability security.
16 * * *
17 C. If the owner of a motor vehicle, who fails to own or maintain compulsory
18 motor vehicle liability security, institutes an action to recover damages in any
19 amount, regardless of whether such owner or operator is at fault, and is awarded an
20 amount equal to or less than one hundred fifteen thousand dollars of bodily injury,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1130 ORIGINAL
HB NO. 516
1 then such owner or operator shall be assessed and held liable for all court costs
2 incurred by all parties to the action.
3 * * *
4 F.(1) Notwithstanding any provision of law to the contrary, no insurer shall
5 lose any rights of subrogation for claims paid under the applicable insurance policy
6 for the recovery of any sum in excess of the first one hundred fifteen thousand
7 dollars of bodily injury and the first one hundred fifteen thousand dollars of property
8 damages.
9 (2) In claims where no suit is filed, the claimant's insurer shall have all rights
10 to recover any amount paid by the claimant's insurer on behalf of the insured for the
11 recovery of any sum in excess of the first one hundred fifteen thousand dollars of
12 bodily injury and the first one hundred fifteen thousand dollars of property damages.
13 * * *
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 516 Original 2026 Regular Session Wilford Carter
Abstract: Provides relative to recovery limitations for failure to maintain compulsory
motor vehicle liability security.
Present law (R.S. 32:866(A(1)) prohibits recovery of the first $100,000 of bodily injury and
property damage.
Proposed law changes present law and provides that there shall be no recovery for the first
$15,000 of bodily injury and property damage.
Present law (R.S. 32:866(C)) provides that if the owner of a motor vehicle fails to own or
maintain compulsory motor vehicle liability security and institutes an action, regardless of
fault, and is awarded an amount equal to or less than $100,000 of bodily injury, then such
owner or operator shall be assessed and held liable for all court costs.
Proposed law changes the monetary amount from $100,000 to $15,000.
Present law (R.S. 32:866(F)(1)) provides that 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 $100,000 of bodily injury and property damage.
Proposed law changes the monetary amount from $100,000 to $15,000.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1130 ORIGINAL
HB NO. 516
Present law (R.S. 32:866(F)(2)) provides that in claims where no suit is filed, the claimant's
insurer has all rights to recover any amount paid by the insurer on behalf of the insured for
the recovery of any sum in excess of the first $100,000 of bodily injury and property
damage.
Proposed law changes the monetary amount from $100,000 to $15,000.
(Amends R.S. 32:866(A)(1), (C), and (F))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.