2001 Legislation
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SENATE BILL NO. 1054 – MV collision, property damage

SENATE BILL NO. 1054

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Daily Data Tracking History



S1054................................................by JUDICIARY AND RULES
MOTOR VEHICLES - COLLISION - Amends existing law to provide for an award of
treble damages, attorney's fees and costs in certain civil actions for
property damage resulting from a motor vehicle collision.
                                                                        
02/01    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1054
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CIVIL ACTIONS FOR PROPERTY DAMAGE  RESULTING  FROM  MOTOR  VEHICLE
  3        COLLISIONS;  AMENDING CHAPTER 8, TITLE 6, IDAHO CODE, BY THE ADDITION OF A
  4        NEW SECTION 6-808, IDAHO CODE, TO PROVIDE FOR AN AWARD OF TREBLE  DAMAGES,
  5        ATTORNEY'S  FEES  AND  COSTS  IN CERTAIN CIVIL ACTIONS FOR PROPERTY DAMAGE
  6        RESULTING FROM A MOTOR VEHICLE COLLISION, TO PROVIDE CONDITIONS FOR APPLI-
  7        CATION AND TO PROVIDE THAT THIS  SECTION  DOES  NOT  SUPERSEDE  OR  IMPAIR
  8        APPLICATION  OF OTHER STATUTES REGARDING CERTAIN RELIEF BUT DOES NOT ALLOW
  9        FOR A DUPLICATE AWARD OF ATTORNEY'S FEES AND COSTS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Chapter 8, Title 6, Idaho  Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 6-808, Idaho Code, and to read as follows:
                                                                        
 14        6-808.  CIVIL ACTION FOR PROPERTY DAMAGE RESULTING FROM MOTOR VEHICLE COL-
 15    LISION -- TREBLE DAMAGES -- ATTORNEY'S FEES AND COSTS. (1) An aggrieved  party
 16    in  a  civil action is entitled to three (3) times the actual property damages
 17    sustained in a motor vehicle collision,  together  with  attorney's  fees  and
 18    costs, if all of the following conditions are met:
 19        (a)  The  civil  action  is  based  solely  on a claim for property damage
 20        resulting from a motor vehicle collision in which the aggrieved party sus-
 21        tained no personal injury;
 22        (b)  Before filing suit, the aggrieved party served a written  demand  for
 23        payment  of  the  claim  on  the opposing party's insurer, if known, or if
 24        there was no known insurer, then on the opposing party;
 25        (c)  The written demand for payment of the claim was not accepted and paid
 26        by the opposing party's insurer, or the opposing  party  if  the  opposing
 27        party's  insurer is unknown, within ninety (90) days from the date of ser-
 28        vice of the written demand and no other settlement was reached by the par-
 29        ties;
 30        (d)  Final judgment in favor of the aggrieved party  was  entered  in  the
 31        action  by  the  court  following  trial in a net amount at least equal to
 32        ninety percent (90%) of the written demand for payment of the claim served
 33        upon the opposing party by the aggrieved party. In computing this  amount,
 34        attorney's fees and costs shall not be included.
 35        (2)  Nothing  in  this  section  shall  supersede,  eliminate or otherwise
 36    impair application of any other statutory provisions regarding  limitation  of
 37    actions,  notice  of  tort claim, offers of settlement, offers of judgment, or
 38    awards of attorney's fees or costs. However, nothing  contained  herein  shall
 39    allow for a duplicate award of attorney's fees and costs in any action.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10837
                                
The purpose of this act is to provide and encourage insurance
companies to negotiate in good faith the settlement of motor
vehicle collision claims. At present, there exists no statutory
construction to encourage insurance companies to negotiate in
good faith towards a mutually agreed to solution.

                                 
                         FISCAL IMPACT
                                
                                
No projected fiscal impact is anticipated.

                                 
         



Contact
      Name:    Bart Davis
      Phone:
      332 1339









STATEMENT OF PURPOSE/FISCAL NOTE                    S 105