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F I S C A L I M P A C T R E P O R T



SPONSOR: Saavedra DATE TYPED: 2/1/99 HB 59
SHORT TITLE: Uninsured Motorists Damages Collection SB
ANALYST: Esquibel

APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
N/A



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



Public Regulation Commission (PRC)

Attorney General



SUMMARY



Synopsis of Bill



The bill would prohibit an uninsured motorist from suing another driver who is in compliance with the Mandatory Financial Responsibility Act, unless the other at-fault driver is committing a felony; is driving under the influence of alcohol or drugs; or is guilty of intentional misconduct. The at-fault driver's automobile insurance company would also be prohibited from paying assessed damages unless these circumstances apply.

OTHER SUBSTANTIVE ISSUES



The PRC's Insurance Division indicates that in the short-run, the bill could result in a 30 to 60 percent reduction in bodily injury and property damage claims which could result in a 10 to 40 percent drop in insurance premium claims. However, in the long-run, the effects of this bill are uncertain. The PRC also indicates the bill could be failing to consider that the current law is inherently unfair by placing an undue burden on the poor.



The bill does not contain an appeal clause for a motorist who may be uninsured due to a clerical error or some other unforeseen circumstance.



RAE/gm