Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
If an out-of-state driver hits your car in Louisiana, you may wonder which laws apply and how to cover your medical bills and other losses.
In most cases, Louisiana law applies because the crash happened here. The other driver’s home state may still matter when dealing with insurance or filing the claim.
A New Orleans car accident lawyer can help you understand how these rules affect your claim.
Is Louisiana a No-Fault or At-Fault State?
Louisiana is an at-fault state. The driver who causes the accident may have to pay for your medical bills, car repairs, lost wages, and other losses.
Your share of the blame matters too. For accidents on or after January 1, 2026, Louisiana law reduces your compensation based on your share of fault. If you are 51% or more at 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 under La. Civ. Code art. 2323.
Accidents before January 1, 2026, follow the earlier rule, which allows you to recover damages even if you are mostly at fault, with your compensation reduced by your share of fault.
What to Do After an Accident With an Out-of-State Driver
The steps after a crash are mostly the same, even if the other driver lives in another state.
- Call 911. Report the crash and ask for medical help if anyone is hurt.
- Exchange information. Get the other driver’s name, contact details, license number, insurance information, and license plate. Note which state the car is registered in.
- Take photos. Photograph both vehicles, the damage, road conditions, traffic signs, and any visible injuries.
- Get witness details. Ask witnesses for their names and contact information.
- See a doctor. Injuries such as whiplash and concussions may not cause symptoms right away.
Keep a copy of the police accident report and all messages from the insurance company. These records can help if the other driver’s insurer disputes who caused the crash.
Louisiana Laws That Apply to Out-of-State Drivers
Drivers from other states must follow Louisiana traffic laws while driving here. These rules can also affect what happens after a crash.
- Filing deadline: Most injury claims from accidents on or after July 1, 2024, have a two-year deadline under La. Civ. Code art. 3493.1. Earlier accidents generally have a one-year deadline.
- Reporting the crash: Under La. R.S. 32:398, you must report certain crashes involving injuries, deaths, or property damage over $500 to law enforcement.
- Leaving the scene: Under La. R.S. 14:100, leaving a crash without meeting legal duties can lead to criminal penalties.
- Traffic citations: La. R.S. 32:880 sets out rules for certain out-of-state drivers who receive traffic citations after crashes in Louisiana.
The deadline to file a claim depends on when the accident happened and whether an exception applies. The other driver’s home state does not automatically give you more time to file.
How Insurance Works When the At-Fault Driver Lives in Another State
If an out-of-state driver causes your accident, you can usually file a claim with their liability insurance company. The insurer may be based in another state, but you can still seek payment for your losses.
The insurer will review the crash, your medical records, and other evidence before deciding how much to pay. Differences in policy limits and coverage terms can make the process more difficult.
If the other driver’s insurance doesn’t cover all your losses, your uninsured or underinsured motorist coverage may help cover the difference, depending on your policy.
Louisiana drivers can reject this coverage or choose different limits if they meet the legal requirements. Check your policy to see what protection you have. Keep copies of all messages from both insurance companies, including settlement offers and reasons for denying coverage.
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What Evidence Should You Keep?
Keeping good records can help show how the crash happened and support your claim.
Save copies of:
- The police accident report.
- Photos of the cars, crash scene, and visible injuries.
- Medical records and bills.
- Witness names and contact details.
- Pay stubs or other proof of lost wages.
- Insurance policies, claim numbers, and messages from insurers.
Keep the original documents when possible. They may help if the insurance company questions your claim.
How Louisiana Compares to Nearby States
Different states use different rules to determine fault and insurance responsibilities.
| State | Fault system | PIP required | Key difference |
| Louisiana | At-fault | No | Modified comparative fault with a 51% bar for accidents from 2026 |
| Florida | No-fault insurance system | Yes | PIP covers certain losses regardless of fault; additional claims depend on applicable rules |
| Texas | At-fault | No | Modified comparative fault with a 51% bar |
For example, a Florida driver involved in an accident in Louisiana does not automatically make Florida’s no-fault rules govern the injury claim.
Louisiana law governs fault for a Louisiana crash, although insurance coverage questions can require a closer look at the policies involved.
How a Louisiana Lawyer Can Help
If the other driver lives in another state, you may have questions about insurance, fault, and where to file a lawsuit. Under La. R.S. 13:3201, Louisiana courts may be able to hear a case against an out-of-state driver who causes an injury here.
A Louisiana car accident lawyer can review your case, determine what your insurance may cover, work with the insurance company, and explain your options.
Frequently Asked Questions
Is Louisiana a no-fault state for car accidents?
No. Louisiana is an at-fault state. The driver who caused the crash may have to pay for your covered losses.
What happens if an out-of-state driver hits me in Louisiana?
You can usually file a claim with the driver’s insurance. Get their information, report the crash when required, seek medical care if needed, and keep evidence.
Can I recover damages if I was partly at fault?
It depends on when the crash happened and how much fault you share. For accidents on or after January 1, 2026, you generally cannot recover damages if you are 51% or more at fault. If you are less than 51% at fault, your damages are reduced by your share of fault.
Do I have to file a lawsuit in the other driver’s home state?
Not always. Louisiana courts may hear your case if the crash happened here. The right court depends on the facts and applicable law.
What if the other driver’s insurance does not cover all my losses?
Your own uninsured or underinsured motorist coverage may help pay the difference, depending on your policy. Check your coverage and the available insurance before accepting a settlement.
Speak With a Louisiana Car Accident Lawyer
Dealing with an out-of-state driver can raise extra insurance questions, but you don’t have to handle them alone.
Alvendia, Kelly & Demarest Law Firm handles car accident claims across New Orleans and Louisiana, including collisions involving drivers from other states.
Call (504) 618-1601 for a free consultation, or contact the firm online to discuss your situation.
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.
