Partner at AKD Lawyers
Practice Areas: Personal Injury
A car accident can leave you dealing with injuries, vehicle damage, insurance calls, and questions about what to do next. The steps you take after the crash can help protect your health and your claim.
This guide explains what to do after a car accident in Louisiana, from the scene through the insurance and legal process. If the situation becomes complicated, a New Orleans car wreck lawyer can review your case and explain your options.
Start With Safety at the Scene
Your first priority is safety. If you can move your vehicle, get it out of traffic and turn on your hazard lights.
Once everyone is safe:
- Call 911 if anyone is injured or needs medical help.
- Do not move an injured person unless they are in immediate danger.
- Exchange names, contact details, driver’s license information, and insurance details.
- Take photos of the vehicles, road, traffic signs, and other relevant details. Photos from the accident scene can help later.
Keep the conversation simple. Give police the facts you know, but avoid arguing with the other driver or saying that the accident was your fault.
When You Need to Report the Crash
Louisiana law requires you to report certain crashes. Under La. R.S. 32:398, this includes crashes involving injury, death, or qualifying property damage.
If police respond, the officer may prepare an accident report with information about the vehicles, people involved, road conditions, and what was observed at the scene.
You should also notify your insurance company as soon as reasonably possible. Give the insurer accurate information and keep copies of your communications and other documents.
Get Checked Even If You Feel Fine
Some injuries do not cause noticeable symptoms right away. Pain, headaches, dizziness, or other problems may develop after the accident.
Seeing a doctor can help identify an injury and create a medical record of what happened. A medical evaluation after a car accident may also be important if you later need to show how the crash affected you.
Keep your medical records, bills, prescriptions, and receipts. If you miss work because of your injuries, keep records of that loss too.
Know How Fault Can Affect Your Claim
Louisiana follows comparative fault, which means more than one person can share responsibility for a crash. For accidents occurring on or after January 1, 2026, La. Civ. Code art. 2323 generally reduces a person’s recovery based on their share of fault and bars recovery when their fault is more than 50%.
Louisiana also requires minimum liability insurance coverage of 15/30/25:
- $15,000 for bodily injury to one person
- $30,000 for bodily injury in one accident
- $25,000 for property damage
These are minimum amounts. A driver’s policy may provide more coverage.
Get Your Free Consultation
Keep Track of the Deadline
A personal injury claim cannot be brought whenever you choose. Louisiana law sets a time limit, and the applicable period depends on the accident and type of claim.
For injuries from accidents occurring on or after July 1, 2024, the general period is two years under La. Civ. Code art. 3493.11. Older accidents may be subject to different rules.
It is also easier to investigate a crash while the evidence is still available. Witnesses can become harder to find, video footage may be deleted, and records can be lost.
| Step | Action | Timing |
|---|---|---|
| At the scene | Ensure safety, call 911, exchange info | Immediately (La. R.S. 32:398) |
| Police report | Required for injury, death, or $500+ damage | Right away |
| Notify insurer | Provide a factual report | Within a day or two |
| Medical evaluation | Get assessed, document injuries | Within 48 hours |
| File a claim/lawsuit | Within the prescriptive period | 2 years (crashes on/after July 1, 2024) |
Avoid These Common Mistakes
Do not leave the scene without following the required procedures. Avoid guessing about what happened or accepting blame before the facts are clear.
It is also a good idea to avoid posting about the crash on social media. Instead, keep your photos, medical records, repair bills, insurance messages, and other documents together.
Frequently Asked Questions
Do all crashes have to be reported in Louisiana?
Not all of them. A report is required for certain crashes involving an injury, death, or qualifying property damage under La. R.S. 32:398.
What if I was partly at fault?
That can affect the amount you receive. Louisiana may reduce your recovery based on your share of fault. For crashes on or after January 1, 2026, you generally cannot recover if you are more than 50% responsible.
When should I tell my insurance company?
Contact your insurer as soon as you can. Check your policy for any notice requirements and stick to the facts when describing what happened.
What if I don’t feel injured right away?
Some symptoms can show up later. If you begin having pain, headaches, dizziness, or other symptoms, see a doctor and mention the accident.
Is there a deadline for filing a lawsuit?
Yes. For injuries from accidents occurring on or after July 1, 2024, the general deadline is two years under La. Civ. Code art. 3493.11. Different rules may apply to some claims.
Talk to a New Orleans Car Accident Lawyer
The steps after a crash can affect what happens with your insurance claim and any injury case. If you were injured, the other driver disputes fault, or the insurance company is refusing to pay what you believe you are owed, legal advice can help you understand your options.
Alvendia, Kelly & Demarest can review your accident circumstances and help you decide what to do next. Call (504) 200-0000 for a free consultation. No fee unless we win. Reach out today.
Reviewed by Roderick “Rico” Alvendia, Partner at Alvendia, Kelly & Demarest Law Firm.
Categories
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.
