Partner at AKD Lawyers
Practice Areas: Personal Injury
Car accidents in Louisiana can happen suddenly and leave anyone feeling shaken. One moment you’re driving through New Orleans traffic, and the next, you’re dealing with damage, confusion, and a dozen questions about what comes next. While each crash is different, knowing exactly what to do after a car accident helps protect your health, safety, and rights.
This guide explains every important step under Louisiana law from reporting and medical care to deadlines and documentation.
Immediate Steps After an Accident
The first few moments after a collision are crucial. Your priority is safety for yourself, passengers, and others on the road. If your vehicle is drivable, move it out of traffic and turn on your hazard lights so approaching drivers can see you clearly.
Under Louisiana law, all drivers involved in an accident must stop and remain at the scene, even if no one seems injured. Leaving could lead to legal penalties.
Once safe, check for injuries and call 911 if anyone is hurt. Do not try to move an injured person unless they’re in immediate danger.
While waiting for help, exchange details with the other driver, including:
- Names, phone numbers, license plate numbers, and insurance policy details
- Photos of the accident scene, vehicle damage, and nearby traffic signs
Keep the conversation polite and factual. Avoid arguing or admitting fault, even casually. Small statements at the scene can later be misinterpreted when determining responsibility.
Louisiana Revised Statute §32:398 requires drivers to immediately report any crash involving injury, death, or property damage exceeding $500 to local law enforcement.
Reporting Requirements in Louisiana
Louisiana has specific laws about when and how to report an accident. If there’s an injury, death, or damage worth more than $500, you must report the crash to the police. The officer’s report will serve as official evidence for insurance or legal purposes later.
If law enforcement doesn’t arrive at the scene, you’re still required to file a written report with the Department of Public Safety and Corrections within 24 hours.
You should also notify your insurance company as soon as possible, ideally within 24–72 hours. Provide clear, factual details but avoid making assumptions about fault. Attach any photos, witness contacts, and the police report once it’s available.
Seeking Medical Care and Documenting Expenses
Even if you think you’re fine, it’s best to get checked by a medical professional after an accident. Some injuries, such as whiplash or concussions, appear hours or even days later. A prompt medical evaluation not only protects your health but also documents your condition accurately.
Keep detailed records of every appointment, diagnosis, and prescription. If you miss work, record lost wages. Save receipts for repairs, towing, and any other expenses tied to the accident.
These records show the full impact of the crash on your daily life and can support your position if you need to file an insurance claim or legal case later.
Delayed injuries like back pain or headaches are common after a collision. Always schedule a follow-up exam even if you feel normal at first.
Understanding Louisiana’s Comparative Fault and Insurance Laws
Louisiana follows the comparative fault rule, meaning each party can share some responsibility for a crash. If you’re found partly at fault, your compensation may be reduced by that percentage.
For example, if you were 30% responsible for the accident, you could still recover 70% of your total losses. This rule makes collecting evidence and accurate reports especially important.
The state also has minimum insurance coverage requirements, which include:
- $15,000 for bodily injury per person
- $30,000 per accident
- $25,000 for property damage
These amounts represent the minimum coverage every driver must carry. Drivers are free to purchase additional coverage for better protection.
If you are unsure about how these laws apply to your situation or how fault might affect your insurance claim, speaking with experienced New Orleans car accident lawyers can help you understand your options under Louisiana law.
They can explain comparative faults clearly and help you make informed decisions based on your case details.
Time Limits for Reporting and Filing
Louisiana law gives accident victims a limited window to take legal action. The statute of limitations for car accidents is one year from the date of the crash. Missing this deadline means you lose the right to file a personal injury claim.
Acting quickly also helps preserve evidence. Photos fade, witnesses move away, and documents can get lost. Staying organized from day one saves you from unnecessary stress later.
Below is a quick reference for the main reporting and filing deadlines:
|
Step |
Action Required |
Responsible Party | Legal Reference / Deadline |
| At the Scene | Ensure safety, call 911, exchange info | All drivers | LA RS §32:398 |
| Police Report | Required for injury, death, or damage > $500 | Driver | Immediately |
| Notify Insurance | Provide factual report | Driver | Within 24–72 hours |
| Medical Evaluation | Seek assessment, document injuries | Driver | Within 48 hours |
| File Personal Injury Claim | Submit within statutory limit | Driver/Claimant | Within 1 year |
Statute of Limitations: Louisiana allows only one year from the date of the accident to file a personal injury claim, one of the shortest deadlines in the U.S.
Common Mistakes to Avoid After a Crash
After an accident, emotions often run high. However, simple errors can make recovery harder.
Two key mistakes to avoid are:
- Leaving the scene before law enforcement arrives or without exchanging details.
- Posting about the crash on social media before official reports are complete.
Focus on safety, documentation, and following the legal process instead.
FAQs
Do I need to report every car accident in Louisiana?
Yes. Accidents involving injury, death, or damage exceeding $500 must be reported to police under Louisiana Revised Statute §32:398.
How does comparative fault affect compensation?
If you’re partly responsible, your recovery amount decreases by your fault percentage.
How soon should I contact my insurance company?
Notify your insurer within 24–72 hours after the crash to stay compliant with policy terms.
What if I feel fine but develop pain later?
Visit a doctor immediately. Some injuries, such as concussions or whiplash, appear after several hours or days.
Which documents should I keep?
Save medical records, receipts, repair invoices, and the police report to support your insurance or legal process.
Conclusion
Knowing what to do after a car accident in Louisiana can make a stressful moment more manageable. From reporting the crash to tracking medical and financial details, each step helps safeguard your rights under state law.
Louisiana’s short deadlines and comparative fault rules make accuracy and organization essential. If you’re unsure about your next steps or your claim involves complex circumstances, speaking with Alvendia, Kelly & Demarest Law Firm can help you understand your options.
Schedule a free consultation today to learn how the firm can guide you through Louisiana’s car accident process and help you move forward with confidence.
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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.
