Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Louisiana has its own rules for car accident claims, and some important ones have changed in recent years. Fault, insurance coverage, filing deadlines, and even how partial fault affects your recovery can all make a difference after a crash.
If you are dealing with an accident now, these ten points give you a starting place. For questions about your specific situation, a car accident lawyer in New Orleans can explain how the current rules may apply.
1. The driver who caused the crash can be held responsible
Louisiana is an at-fault state. In general, the person who caused the accident can be held responsible for the resulting losses.
That can include medical expenses, lost income, vehicle damage, and other damages. The amount you can recover depends on the facts of the accident and the evidence showing who was responsible.
2. Some crashes must be reported
Louisiana law requires certain crashes to be reported under La. R.S. 32:398, including those involving an injury, death, or qualifying property damage.
Calling 911 at the scene allows law enforcement to document the crash. The resulting police report may contain information about the drivers, witnesses, road conditions, vehicle damage, and citations.
Get a copy when it becomes available and check the details for mistakes.
3. Your share of fault can affect your recovery
Louisiana changed its comparative fault rule for accidents occurring on or after January 1, 2026.
Under La. Civ. Code art. 2323, a person who is 50% or less at fault can generally recover damages, with the award reduced according to their percentage of fault. If the person is more than 50% at fault, recovery is generally barred.
The older pure comparative fault rule applies to qualifying accidents that happened before the change.
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4. There is a deadline for filing a lawsuit
For injuries from accidents occurring on or after July 1, 2024, Louisiana generally provides two years to file a personal injury lawsuit under La. Civ. Code art. 3493.11.
The previous one-year prescriptive period applied to older claims. Do not wait until the deadline is close. The rules can vary depending on the type of claim and the circumstances.
5. Louisiana requires minimum liability coverage
Louisiana’s minimum liability limits are:
- $15,000 for bodily injury to one person
- $30,000 for bodily injury in one accident
- $25,000 for property damage
Those limits may not be enough to cover a serious injury. The available insurance becomes especially important when medical bills and lost income are substantial.
6. UM/UIM coverage when the other driver has little or no insurance
An at-fault driver may not have enough insurance to cover your losses. That is where uninsured and underinsured motorist coverage can become important.
Louisiana insurers generally must offer UM/UIM coverage, although a policyholder can reject it in writing. If you are reviewing your own policy, check whether this coverage is included and how much protection it provides.
7. Driving without insurance can limit what you recover
Louisiana’s “No Pay, No Play” law, La. R.S. 32:866, places limits on what an uninsured driver may recover after a crash.
The law generally bars recovery of the first $100,000 in bodily injury damages and the first $100,000 in property damage. Certain exceptions can apply, including some crashes involving an intoxicated driver or a driver who leaves the scene.
8. Handheld phone use is restricted
Louisiana’s hands-free law, La. R.S. 32:59, took effect statewide on January 1, 2026. Drivers generally cannot use a handheld wireless telecommunications device while operating a vehicle, although the law contains exceptions.
If a driver was using a phone before causing a crash, evidence of that conduct may also become relevant when fault is disputed. More information is available through Louisiana’s hands-free law guidance.
9. There are situations where you can bring a claim against an insurer
Louisiana’s Direct Action Statute, La. R.S. 22:1269, allows an injured person to bring a claim against an insurer in certain circumstances.
The rules surrounding direct actions have changed, and whether the statute applies depends on the case. It should not be assumed in every accident claim.
10. There is generally no overall damages cap for car accident claims
Louisiana generally does not place a broad cap on damages in ordinary car accident injury cases. Depending on the claim, damages can include medical expenses, lost wages, future medical care, and pain and suffering.
The evidence matters. Medical records, bills, employment records, and documentation of how the injury affects your daily life can all help establish the losses involved.
Frequently Asked Questions
What is the minimum car insurance required in Louisiana?
Louisiana requires drivers to carry at least $15,000 for one person’s injuries, $30,000 for injuries in one crash, and $25,000 for property damage.
What if the other driver has no insurance?
You may be able to use your uninsured motorist coverage if you have it. This coverage can help pay for losses caused by a driver who has no insurance.
What changed with Louisiana’s fault rules in 2026?
For crashes on or after January 1, 2026, your compensation can be reduced if you share fault. If you are more than 50% at fault, you generally cannot recover damages.
What does “No Pay, No Play” mean?
An uninsured driver may not be able to recover the first $100,000 of certain injury and property damage losses. Some exceptions apply.
Can I make a claim against the other driver’s insurance company?
In some cases, Louisiana law allows an injured person to bring a claim directly against the insurer. The rules depend on the accident and the insurance policy.
Are car accident damages limited in Louisiana?
Louisiana generally does not set a maximum amount for damages in an ordinary car accident case. The amount depends on the injuries, losses, and facts of the case.
When You May Need Legal Help
Most people do not know every Louisiana insurance and liability rule after a crash, and they do not need to. But serious injuries, disputed fault, limited insurance coverage, or a disagreement with an insurer can make the situation harder to handle.
Alvendia, Kelly & Demarest can review the facts of your accident and explain your options. Call (504) 200-0000 for a free consultation, available 24 hours a day. There is no fee unless we win, and no obligation. Start here.
Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
