Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Imagine you’re driving through New Orleans, heading home from work, or showing a friend around the city. Suddenly, a car with out-of-state plates slams into you. The shock hits first, followed by confusion. What now? Do different rules apply because the other driver isn’t from Louisiana? Whose insurance pays? What if they leave?
Car accidents are never easy but when the other driver is from another state, things can quickly get complicated.
At Alvendia, Kelly & Demarest, we’ve seen how these cases unfold. We know the questions that flood your mind, the delays that can happen when insurance companies play hardball, and the stress of dealing with legal systems you’re not familiar with. That’s why we’ve created this guide—to walk you through everything you need to know if you’re in an accident with an out-of-state driver here in New Orleans.
From Louisiana’s unique fault laws to what you need to do at the scene and how to protect your rights—this post breaks it all down in plain English. Let’s get started.
Is Louisiana a Fault or No-Fault State?
One of the first things people ask is whether Louisiana is a no-fault state. This can affect how insurance claims are handled and who pays for damages.
Louisiana is not a no-fault state; it follows a fault-based system, meaning the at-fault driver is responsible for damages.
Louisiana is an at-fault state, meaning the driver responsible for causing the accident is also responsible for paying for the resulting damages. Insurance companies and courts use a rule called pure comparative fault to determine who pays what.
This rule allows each driver to be assigned a percentage of fault. Even if you are partly to blame, you can still recover compensation. However, the amount you receive will be reduced based on your share of the blame.
For example, if your damages total $20,000 and you’re found 30% at fault, you can still recover $14,000 (that’s 70% of the total).
What to Do Immediately After the Accident
After an accident with an out-of-state driver, it’s essential to stay calm and take specific steps to protect yourself. These steps apply no matter where the other driver is from, but they’re crucial when different state laws come into play.
First, check for injuries and call 911 if needed. Even if no one is seriously hurt, it’s always a good idea to have police come to the scene. A police report will be essential when filing insurance claims or pursuing legal action.
- Exchange information with the other driver. Make sure you get their name, phone number, license plate, driver’s license number, and insurance details. Since they are from out of state, please take note of their license plate’s state and any unfamiliar insurance company names.
- Take clear photos of the accident scene, vehicle damage, road signs, and any visible injuries. These pictures help tell the story of what happened and can be very useful later.
- If there are any witnesses nearby, ask for their contact information. Their statements could support your version of events. Lastly, seek medical attention—even if you feel okay. Some injuries, like whiplash or concussions, don’t show symptoms right away.
Understanding Louisiana’s Laws for Accidents
Louisiana has several unique laws when it comes to car accidents, especially when compared to other states. If you’re dealing with an out-of-state driver, it’s essential to know that Louisiana law applies—even if the other driver is not from here.
You have one year from the accident date to file a lawsuit. This is much shorter than the deadlines in most other states, so acting quickly is essential.
The statute of limitations in Louisiana is just one year. This means you have only twelve months from the date of your accident to file a lawsuit for damages or injuries. If you miss this deadline, you might lose your right to compensation.
Another important law to know is Louisiana Revised Statute RS 32:398, which requires drivers to report accidents to police if there’s injury, death, or significant property damage.
And if someone leaves the scene of an accident, the penalties can be severe.
Under Louisiana Revised Statutes §14:100, leaving the scene of an accident without providing assistance or notifying authorities can lead to fines, imprisonment, and permanent license revocation in severe cases.
How Insurance Works When the Other Driver Is from Another State
Insurance laws vary from state to state, which can complicate things when the at-fault driver is not from Louisiana. However, the accident occurred in Louisiana, so our state’s laws apply, and the at-fault driver is still financially responsible for your damages.
- Sometimes, out-of-state drivers may carry less insurance than Louisiana’s minimum requirements. That could lead to challenges in recovering full compensation—especially if their insurance doesn’t cover medical expenses or lost wages.
- If this happens, your uninsured/underinsured motorist coverage (if you have it) could help. This type of coverage protects you when the other driver’s insurance isn’t enough to pay your bills.
- Filing a claim with an out-of-state insurance company might also take longer. Their adjusters may not be familiar with Louisiana’s laws, and they might need more documentation. Working with a local attorney can help move things along and make sure you don’t accept a lowball offer.
What Evidence Should You Gather?
Building a strong case starts with good documentation. The more evidence you have, the easier it will be to prove what happened and support your claim.
Try to collect the following as soon as possible:
- Police report
- Photos of the crash scene and any injuries
- Medical records and bills
- Witness statements
- Pay stubs (if you missed work)
- Copies of all communication with the insurance companies
- Insurance policies of both drivers
Keeping everything organized will help your lawyer understand your case and fight for the best outcome.
Comparing Fault Laws in Different States
Here’s how Louisiana’s system compares to other states.
| State | Fault System | Personal Injury Protection (PIP) Required | Notes |
| Louisiana | At-Fault | No | Pure comparative fault; 1-year statute of limitations |
| Florida | No-Fault | Yes | Limited right to sue; PIP mandatory |
| Texas | At-Fault | No | Modified comparative fault system (51% bar rule) |
As you can see, not all states treat fault and compensation the same way. That’s why it’s essential to know that Louisiana law controls the situation when an accident happens here, no matter where the other driver is from.
How Legal Support Can Help You
Accidents involving out-of-state drivers often involve more than just physical recovery. You’re also dealing with insurance adjusters, unfamiliar laws, and paperwork from multiple states.
That’s where having a local lawyer who understands Louisiana’s legal system makes a big difference.
- An experienced personal injury attorney can:
- Negotiate with insurance companies
- Help determine who is genuinely at fault
- Ensure deadlines are met
- Fight for full compensation for your injuries, lost wages, and vehicle damage.
At AKD Law, our team has years of experience helping accident victims—especially those dealing with complications from out-of-state drivers. We know how to handle these claims efficiently and effectively.
Frequently Asked Questions (FAQs)
Is Louisiana a no-fault state for car accidents?
No, Louisiana follows a fault-based system. This means the driver who caused the accident is responsible for paying for injuries and damages through their insurance company or personal assets.
What should I do if I’m in a crash with an out-of-state driver?
Stay safe, call the police, collect information and photos, and get medical help. Notify your insurance and speak to a local attorney to understand your options.
How does Louisiana’s comparative fault system work?
It allows you to recover compensation even if you’re partly at fault. Your recovery amount will be reduced by the percentage of fault assigned to you.
What happens if someone leaves the scene of an accident in Louisiana?
Under Louisiana law, leaving the scene is a crime. It can result in fines, jail time, and, in severe cases, license suspension or revocation.
Do I have to file a lawsuit in Louisiana if the other driver is from out of state?
Yes. Since the accident occurred in Louisiana, any legal claim must be filed under Louisiana law and within the one-year deadline.
Will my out-of-state insurance cover an accident in Louisiana?
Yes, in most cases. However, coverage levels might differ, so it’s essential to understand your policy and check if you have underinsured motorist coverage.
Conclusion: Get the Help You Deserve After an Accident
Dealing with an accident is never easy, especially when the other driver is from another state. Between different laws, tricky insurance claims, and tight legal deadlines, things can quickly become complicated.
But you don’t have to go through it alone.
At Alvendia, Kelly & Demarest, we’ve helped many people in New Orleans navigate precisely these kinds of cases. We understand Louisiana’s legal system and how to deal with out-of-state drivers and their insurance companies.
If you or a loved one were in a crash involving someone from another state, contact us. Let us handle the legal details so you can focus on healing and moving forward.
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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.
