Print Friendly SENATE BILL NO. 1054 – MV collision, property damage
SENATE BILL NO. 1054
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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
|||| 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-
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
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.
No projected fiscal impact is anticipated.
Name: Bart Davis
STATEMENT OF PURPOSE/FISCAL NOTE S 105