Rep. Ed Thompson
Rep. Ed Thompson (R-Pearland) has filed legislation to bar a claimant from recovering non-economic and punitive damages arising from an automobile accident if, at the time of the accident, the claimant had no liability insurance. HB 820’s liability bar does not apply if the claimant was injured by another person, if the other person was: (1) driving while intoxicated, (2) fled the scene of the accident, (3) was acting in furtherance of the commission of a felony, or (4) whose willful act or omission or gross neglect caused the accident. The liability bar applies to a derivative claim, including a wrongful death claim for loss of consortium or companionship. HB 820 also requires insurers, DPS driver’s license offices, and operators of defensive driving courses to post conspicuous notice of this provision. Finally, the bill does not prohibit the claimant from acting as personal representative of another person injured in the accident, as next friend.
