LA HB440

Reduces the deadline for reporting accident injuries to an automobile liability insurer from three years to two years after the accident (injuries must still be diagnosed within one year)

Creates a rebuttable presumption that a claimant failed to mitigate damages if they did not use available health insurance to pay for medical expenses related to their injury claim

Allows claimants to rebut the presumption by showing their failure to use health insurance was reasonable, such as when policy limitations applied or using it would have impacted their choice of care

Permits the trier of fact to reduce damage awards by the amount the claimant's health insurance would have paid if the presumption is not rebutted

Excludes medical malpractice and state services malpractice claims from these provisions; effective January 1, 2026, with prospective application only