60-2006. Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.
60-2006
60-2006. Attorney fees taxed as costs in certainactions involving negligent motor vehicle operation.(a) In actions brought for the recovery of property damages only ofless than$7,500 sustained and caused by the negligent operation of amotor vehicle, the prevailing party shall be allowed reasonableattorney fees whichshall be taxed as part of the costs of the action unless:
(1) The prevailing party recovers no damages; or
(2) atender equal to or in excess of the amount recovered wasmade by the adverse party before the commencement of theaction in which judgment is rendered.
(b) For the plaintiff to be awarded attorney fees for theprosecution of such action, a written demand for the settlement of such claimcontaining all of the claimed elements of property damage and the totalmonetary amountdemanded in the action shall have been made on the adverse party at suchparty's last known address not less than 30 days before the commencement of theaction.For the defendant to be awarded attorney fees, a written offer of settlementof such claim shall have been made to the plaintiff at such plaintiff's lastknown addressnot more than 30 days after the defendant filed the answer in theaction.
(c) This section shall apply to actions brought pursuant tothe code ofcivil procedure and actions brought pursuant to the code of civil procedurefor limited actions.
History: L. 1969, ch. 288, § 1; L. 1976, ch. 251, § 28; L. 1977,ch. 205, § 1; L. 1982, ch. 249, § 1;L. 1990, ch. 206, § 1;L. 1995, ch. 240, § 1; July 1.