The Louisiana Legislature has approved legislation opposed by insurers calling for the destruction of vehicles considered a "total loss" in the wake of Hurricane Katrina.

A spokesperson for Governor Kathleen Babineaux Blanco said that the governor had not received the bill and has not yet made any decision whether she will sign it.

The Property Casualty Insurers Association of America has voiced strong opposition to the measure, claiming it is an overly drastic solution to the problem of cars damaged by the hurricane.

"This bill is not the solution to deal with the flooded vehicles issue in Louisiana," said Greg LaCost, assistant vice president, regional manager and counsel for the PCI. Although the group agrees that contaminated vehicles should be destroyed, Mr. LaCost said that HB 11 far exceeds that notion.

"It is destructive to Louisiana commerce and consumers by not limiting itself to vehicles that are dangerous to the public," he said. "While vehicles contaminated by salt water or biohazard materials should be disassembled and taken off the roads, HB 11 would result in the destruction of thousands of vehicles that could be salvaged."

The legislation states that any car that isn't an antique and whose "power train, computer, or electrical system" has been damaged by a declared disaster or emergency and is considered a "total loss" would have to be destroyed.

Mr. LaCost took issue with the fact that the bill does not allow the owner of a car to fix or keep their totaled vehicles. If a consumer has a car worth $2,000 with a $500 deductible, and the car suffers computer damage in the amount of $1,500, he noted, under the current law the insured could pay the deductible and the carrier could fix the car for the consumer. Under the new proposal, however, the consumer would simply be paid $500 for the vehicle.

"While car dealers and manufacturers will benefit, Louisiana consumers, insurers and rebuilders will suffer from the passage of this bill," said Mr. LaCost. "If this bill passes, Louisiana should expect higher insurance premiums, increased pricing for used vehicles, possible increased cost in new cars due to increased demand, and inability of poorer consumers to buy vehicles because of costs.

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