Car accidents in Louisiana often lead to serious injuries, high medical bills, and frustrating insurance disputes. Whether you’ve been hit in Baton Rouge traffic or rear-ended on a rural highway, it’s important to understand how Louisiana law affects your rights. This guide explains key laws, deadlines, and procedures that can help you take action and seek compensation after a crash.
Louisiana Is an At-Fault State
Louisiana follows a fault-based system for car accident claims. This means the driver who caused the accident is responsible for covering the losses of anyone injured or whose property was damaged. After a crash, you can:
- File a claim with your own insurer (if you have applicable coverage)
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit against the responsible party
You’ll need to prove that the other party was negligent and caused the crash to recover damages.
Pure Comparative Fault in Louisiana
Louisiana uses the pure comparative fault rule. Even if you’re partly to blame for the accident, you can still recover compensation. However, your total compensation will be reduced by your percentage of fault.
For example, if your damages total $100,000 and you’re found 40% at fault, your final recovery would be $60,000.
Mandatory Auto Insurance in Louisiana
To legally drive in Louisiana, you must carry at least the following liability coverage:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $25,000 for property damage
While this is the legal minimum, it may not be enough to fully cover damages in a serious crash. Optional coverage like uninsured/underinsured motorist (UM/UIM) and medical payments (MedPay) can provide additional protection.
Statute of Limitations for Car Accident Claims
Louisiana has one of the shortest legal deadlines in the country. You only have one year from the date of the accident to file a personal injury or property damage lawsuit. If you miss this deadline, you will likely lose your right to recover compensation in court.
This one-year statute of limitations applies to both injuries and vehicle damage, so it’s important to act quickly.
When You Must Report a Crash
Under Louisiana law, drivers must report an accident if:
- There is injury or death
- Property damage exceeds $500
You must notify law enforcement immediately and file a report with the Louisiana Department of Public Safety and Corrections if necessary. A police report is often a key piece of evidence for insurance claims and legal cases.
What If the At-Fault Driver Is Uninsured?
If you’re hit by a driver with no insurance, your uninsured motorist (UM) coverage can help pay for your medical bills and lost wages. If the other driver has insurance, but not enough to cover your losses, underinsured motorist (UIM) coverage may apply.
Louisiana requires insurers to offer UM/UIM coverage, but policyholders can reject it in writing. If you didn’t reject it, it’s likely included in your policy.
Damages You May Recover in Louisiana
If you’re injured in a car accident caused by someone else, you may be eligible to recover compensation for:
- Medical expenses (past and future)
- Lost income
- Loss of future earning ability
- Pain and suffering
- Property damage
- Mental anguish
In rare cases, punitive damages may be awarded if the other driver acted with gross negligence or intentional harm, such as in DUI crashes.
What Rights Do Passengers Have?
Passengers who are injured in car accidents in Louisiana have the right to seek compensation. They can file a claim against the at-fault driver’s insurance, even if that driver was operating the vehicle they were riding in. Passengers are rarely found at fault and usually have strong claims for recovery.
Why You Should Talk to a Lawyer
Given Louisiana’s short one-year deadline and complex comparative fault rules, hiring a car accident attorney is often a smart move. A lawyer can help you gather evidence, negotiate with insurance companies, and file a lawsuit if needed. Most attorneys offer free consultations and only get paid if you win.