Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
A car accident is already a lot to deal with. When the other driver has an out-of-state plate and a different insurance company, things can get more confusing.
The main rule is straightforward. If the crash happened in Louisiana, Louisiana law generally applies, even if the other driver lives somewhere else.
That can affect how fault is handled, what insurance applies, and how long you have to bring a claim. A car accident law firm in New Orleans can help sort out those issues if the case becomes complicated.
Is Louisiana A Fault Or No-Fault State?
Louisiana is an at-fault state. The driver who caused the crash can be responsible for the resulting losses, including medical bills, vehicle damage, and other damages.
Your own fault can affect the amount you recover. For crashes on or after January 1, 2026, Louisiana follows modified comparative fault under La. Civ. Code art. 2323. If you share some of the blame, your recovery is reduced by that percentage. At 51% or more fault, you generally cannot recover damages.
For example, if your losses are $20,000 and you are 30% at fault, you could recover $14,000. Crashes before 2026 follow the earlier pure comparative fault rule.
What To Do After The Crash
An out-of-state driver does not change what you should do at the scene. Still, get a few extra details while you are there.
- Call 911. Report the crash and ask for medical help if anyone is hurt.
- Exchange information. Get the other driver’s name, contact details, driver’s license, insurance information, and license plate number. Note the state on the plate.
- Take photos. Get pictures of both vehicles, the damage, the road, traffic signs, and any visible injuries.
- Talk to witnesses. Get their names and phone numbers before they leave.
- Get medical care. Some injuries, including whiplash and concussions, may not be noticeable right away.
Keep the police report and other records from the crash. They can be useful when dealing with an insurer later.
Louisiana Rules For Out-Of-State Drivers
The fact that the other driver lives elsewhere does not change the basic rules when the crash happens in Louisiana.
- Filing deadline. For crashes on or after July 1, 2024, Louisiana generally gives you two years from the date of injury to file a personal-injury or property-damage lawsuit under La. Civ. Code art. 3493.11. The earlier deadline was one year.
- Reporting a crash. La. R.S. 32:398 requires certain crashes involving an injury, death, or at least $500 in property damage to be reported to police.
- Leaving the scene. La. R.S. 14:100 makes leaving a crash without providing the required aid or information a criminal offense. Penalties can include fines, jail time, and license revocation.
If you were injured in a Louisiana crash involving an out-of-state driver, getting the right information early can make the insurance and claims process much easier.
How Insurance Works When The Other Driver Is From Another State
The other driver’s insurance policy comes from their home state, but the crash happened in Louisiana. That can make the claim a little more complicated, especially if the policy has lower coverage limits.
If the other driver’s insurance does not cover all of your losses, your own uninsured/underinsured motorist (UM/UIM) coverage may cover some of the difference. Depending on the policy, this can include medical expenses, lost wages, and other losses.
You may also end up dealing with an insurance adjuster based outside Louisiana. Keep your records and copies of anything you send or receive so you have the full claim history.
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What Evidence Should You Keep?
Keep anything that helps document the crash, your injuries, and the losses that followed. This may include:
- The police report.
- Photos of the vehicles, scene, and injuries.
- Medical records and bills.
- Witness names and contact information.
- Pay stubs and other records showing lost wages.
- Insurance policies and correspondence with the insurers.
Having these records in one place makes it easier to answer questions from the insurance company and support your claim.
How Louisiana Compares To Nearby States
| State | Fault system | PIP required | Notes |
|---|---|---|---|
| Louisiana | At-fault | No | Modified comparative fault (51% bar) for 2026+; 2-year deadline (2024+) |
| Florida | No-fault | Yes | Limited right to sue; PIP required |
| Texas | At-fault | No | Modified comparative fault (51% bar) |
The rules are different in each state. But if the accident happened in Louisiana, Louisiana law generally applies even if the other driver lives in Florida, Texas, or somewhere else.
Why A Louisiana Lawyer Can Help
An out-of-state driver can mean more than one insurance company and more paperwork. There can also be questions about coverage, fault, and which state’s rules apply.
A lawyer who handles Louisiana car accident claims can help sort through those issues and keep the claim moving.
Frequently Asked Questions
Is Louisiana a no-fault state?
No. Louisiana uses an at-fault system. The driver who caused the accident may be responsible for the resulting damage and injuries.
What should I do after an accident with an out-of-state driver?
Call 911, exchange information, and take photos of the crash scene and vehicles. Write down the other driver’s state and insurance company too. Get medical care if you are hurt.
Can my own fault affect what I receive?
Yes. For crashes from January 1, 2026 onward, your share of fault can lower your recovery. If you are 51% or more at fault, you generally cannot recover damages.
Does the other driver’s home state change where I make my claim?
Not usually. If the crash happened in Louisiana, Louisiana law generally applies. The two-year filing period may also apply.
What if the other driver’s insurance does not pay enough?
Your own policy may include uninsured or underinsured motorist coverage. That coverage can help when the other driver’s policy does not cover all of your losses.
Speak With a Louisiana Car Accident Lawyer
A crash with an out-of-state driver does not have to be a headache. Louisiana law is on your side, and the right help can manage the cross-state details for you. Alvendia, Kelly & Demarest handle these claims across New Orleans and Louisiana.
Call (504) 200-0000 for a free consultation. No fee unless we win. Reach out today.
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.
