Ridding Louisiana crash victims of compensation for pain and suffering, emotional distress, and other forms of non-economic, intangible losses is seen as one way to help lower commercial auto insurance rates, according to the state’s insurance commissioner.
Commissioner Tim Temple is proposing just such a plan as part of what he calls a general damage cap. Temple says that’s because despite a recent decline in private homeowner and motorist premiums in Louisiana, commercial auto insurance rates continue to rise. As the Louisiana Radio Network reports, Temple explains commercial auto premiums. Those are the trucks, vehicles, delivery vans, plumber vehicles, HVAC; anything that’s owned by a company and moves on wheels; that’s a commercial vehicle. Those rates are still going up.”
Temple says bills that failed in the recently-completed legislative session could have helped, including one that would have capped payments to expert witnesses. “There are expert witnesses out there, we’re told, that actually they get the contingent, they can potentially make money if the trial goes their way. So it potentially skews what they might have to say.” Temple says 17 other states have a ‘general damage cap’ law, including Mississippi.
Yet, a number of legal experts contend that completely eliminating pain and suffering, along with other intangible losses from court judgments could prove financially catastrophic for recovering crash victims, depending largely on the severity and nature of the crash itself. Experts say the long-term impact from no intangible compensation for crash victims would be most visible in the most severe cases in which permanent disability, emotional trauma and reduced quality of life leave crash victims unable to live normal, productive lives ever again, with no additional financial resources to help, and no legal recourse.
