A sharply debated bill that would curtail the rights of undocumented immigrants to claim certain damages after car accidents is one step closer to becoming law in Louisiana. House Bill 436, championed by Republican Rep. Gabe Firment of Pollock, has moved through the Senate Judiciary A Committee on a 4-3 party-line vote and now awaits a final decision on the Senate floor.
The legislation, which has already cleared the House by an overwhelming 96-17 margin, proposes to bar individuals who are unlawfully present in the US from seeking compensation for general damages — such as pain and suffering, emotional distress, and lost wages — in civil cases stemming from automobile accidents. However, it would still permit recovery for so-called “special damages,” including medical expenses and property repair.
The bill is part of a broader legislative effort to overhaul how auto insurance claims are adjudicated in Louisiana, a state that continues to hold the nation’s highest average car insurance premium, at $2,883 annually, according to Insure.com.
Firment, who also chairs the House Insurance Committee, has framed HB 436 as a response to rising insurance costs and what he views as insufficient deterrents to undocumented immigration. Speaking to the Baton Rouge Press Club earlier this month, he stated that the bill intends to ensure that individuals in the country illegally do not benefit from aspects of the civil justice system designed to compensate for non-economic harms.
"This legislation simply says that if you’re unlawfully in the country and involved in a motor vehicle accident, you won’t be able to collect for mental anguish, lost income, or similar claims," Firment said.
Democratic lawmakers have raised strong objections, describing the measure as inequitable and potentially exploitative. Senators Sam Jenkins of Shreveport and Jay Luneau of Alexandria both pointed to what they see as a contradiction: insurers are allowed to sell policies to undocumented immigrants, including coverage for uninsured motorists, but those same policyholders could be denied a substantial portion of benefits under HB 436.
“Insurance companies will gladly take their premiums,” Luneau remarked during committee deliberations. “But under this bill, if they’re injured, they can’t recover for bodily harm. It’s fundamentally unfair.”
Firment countered that the bill doesn’t prohibit insurers from voluntarily settling injury claims involving undocumented individuals but establishes that such recovery is not mandated under state law.
HB 436 is just one piece of a larger package of bills seeking to reshape Louisiana’s insurance and tort landscape. Other proposals include:
Each of these bills has passed the House and now resides with the Senate Judiciary A Committee for further debate.
If enacted, HB 436 could face immediate legal challenges on equal protection grounds. Civil rights advocates argue that it effectively creates a two-tiered justice system based on immigration status. At the same time, supporters see it as a strategic move to lower liability exposures and ultimately insurance premiums, which remain among the highest in the country.
“I recently spoke with a trucking business owner who had to lay off employees due to skyrocketing insurance costs,” Firment said. “If there’s a way we can relieve that burden while addressing illegal immigration, that’s a step worth taking.”
Still, questions remain over whether such restrictions will survive scrutiny from higher courts — or meaningfully reduce insurance premiums in a state long plagued by litigation and fraud concerns.
