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Louisiana car accident laws have changed, affecting filing deadlines, fault rules, and insurance claims. Alvendia, Kelly & Demarest Law Firm helps New Orleans accident victims understand these rules and their legal options.
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Reviewed by J. Bart Kelly, III · Updated September 2026
A New Orleans car accident lawyer can help when you are dealing with injuries, disputed fault, or an insurance company that is not offering a fair settlement.
At Alvendia, Kelly & Demarest Law Firm, you have direct access to the person handling your case. You can talk through what happened, ask questions as they come up, and know who is working on your claim. We are here to take the legal side off your plate while you focus on recovering.
If you were hurt in a car accident, contact Alvendia, Kelly & Demarest Law Firm for a free case review.
Lieutenant Colonel (Ret) Roderick “Rico” Alvendia is an Iraq War veteran, an accomplished Louisiana Attorney, and serves proudly on the Board of Visitors at the…
You may have a claim if any of these situations apply:
Louisiana car accident laws have changed in recent years. These updates may affect filing deadlines, fault rules, insurance claims, and your legal options after a crash.
For crashes on or after July 1, 2024 (La. Civ. Code art. 3493.1). Earlier crashes may still follow the previous 1 year rule.
For accidents on or after January 1, 2026, you cannot recover damages if you are 51% or more at fault.
For cases filed on or after August 1, 2024, Louisiana changed the rules for suing insurers directly.
If you were uninsured when the crash happened, Louisiana’s No Pay, No Play law may limit certain damages you can recover.
After a car accident in Louisiana, you may be able to recover both economic and non-economic damages. Economic damages include losses such as medical bills, lost income, reduced earning ability, and property damage. Non-economic damages may include pain, emotional distress, and the impact your injuries have on your daily life.
Your claim can also include future losses. If your injuries need ongoing treatment or limit your ability to work, those future costs may be counted when the claim is valued.
FACTORS THAT MATTER 
Several factors can affect the value of a car accident claim. The final amount depends on the details of the accident and the losses involved.
Key factors include:
Serious or lasting injuries can lead to greater losses.
Current treatment and future medical care can add to your losses.
Missed work or reduced ability to earn can affect recovery.
Disputed fault can make a claim harder to resolve.
Policy limits and UM/UIM coverage can affect available compensation.
Your percentage of fault may reduce your recovery.
Crashes involving sudden impacts, vehicle damage, and neck or back injuries.
Learn moreOften involve traffic signals, right-of-way disputes, and serious side impacts.
Learn moreMay involve multiple insurance policies and rideshare coverage rules.
Learn moreOften involve commercial vehicles, trucking companies, and federal safety rules.
Learn moreCases where finding the driver and gathering evidence can be difficult.
Learn moreRiders may suffer serious injuries even in lower-speed crashes.
Learn moreCollisions can involve bike lanes, right-of-way, and driver negligence.
Learn moreOften involve crosswalks, intersections, visibility, and driver behavior.
Learn moreInattentive Driving:
Jury Verdict
Larry Robinson, et al vs. Amtrust Insurance Co. & Diesel Driving Academy, Inc., et al
Car Insurance Claim:
Settlement After Mediation
Spinal Injury Civil District Court of New Orleans
Total recovered for injured
clients since 2003
Helping injured clients pursue the compensation they deserve with trusted legal representation.
Past results do not guarantee a similar outcome. Every case is different.
Talk to us about your case
01
Review the accident, injuries, records, and legal options.
02
Gather accident reports, medical records, photos, and witness information.
03
Handle the insurance company and prepare a demand for compensation.
04
Negotiate a settlement or file a lawsuit when necessary.
05
Resolve the claim through settlement or trial.
Admitting fault, guessing about what happened, or changing your story can create problems when the insurance company investigates the crash. Giving a recorded statement without understanding your rights can also hurt your claim.
Be careful with quick settlement offers. The first offer may not cover your future medical bills or lost income. Avoid posting about the accident or your injuries on social media, and do not sign a settlement or other documents until you understand what you are agreeing to.
Call 911, take photos, collect witness details, and avoid admitting fault.
Get medical care, even if you feel fine, and request the police report.
Avoid recorded statements or signing documents before understanding your options.
Keep records, follow treatment, and track how injuries affect your daily life.
Traffic fatalities across
Louisiana in 2024.
Fatal crashes recorded across Louisiana in 2024.
Injuries recorded in Louisiana crashes in 2024.
Estimated percentage of
uninsured motorists in
Louisiana in 2023.
Heavy traffic, merging lanes, and congestion can make driving conditions more difficult.
Busy intersections, pedestrians, and changing traffic patterns require extra attention.
Streetcars, pedestrians, visitors, and narrow streets can make traffic more complicated.
“Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.”
Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge. I just want to say thank you to Mr. Kelly and his team for their hard work and dedication in making my case successful. Thank you.
“Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.”
Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge. I just want to say thank you to Mr. Kelly and his team for their hard work and dedication in making my case successful. Thank you.
For most car accident claims, Louisiana now gives you two years to file a lawsuit under La. Civ. Code art. 3493.1. This change applies to claims arising on or after July 1, 2024. Earlier claims may have a different deadline.
For accidents on or after January 1, 2026, your share of fault can reduce the amount you recover. If you are 51% or more at fault, you generally cannot recover damages under Louisiana’s comparative fault law, La. Civ. Code art. 2323.
Alvendia, Kelly & Demarest Law Firm handles car accident cases on a contingency fee basis. You do not pay an upfront attorney fee, and the first consultation is free.
There is no set amount. Your injuries, medical costs, lost income, insurance coverage, and share of fault can all affect the value of your claim.
You may still be able to recover through your own uninsured or underinsured motorist coverage, depending on your policy and the circumstances. Louisiana’s No Pay, No Play law, La. R.S. 32:866 can also limit certain damages for uninsured drivers.
Louisiana changed its direct-action rules in 2024. In many cases, you cannot sue a liability insurer directly unless an exception under La. R.S. 22:1269 applies.
Call 911, get medical care, report the crash, and document the scene. Take photos, collect witness information, and avoid admitting fault.
Not every accident requires a lawyer. If you have injuries, disputed fault, or an insurance dispute, a lawyer can explain your options.
It depends on the injuries, treatment, insurance issues, and whether fault is disputed. Some claims settle within months, while more serious cases can take longer.
The firm represents injured people across New Orleans and Orleans Parish, including the French Quarter, Mid-City, Uptown, and neighborhoods along I-10 and the Claiborne Avenue corridor. The office is at 909 Poydras Street in downtown New Orleans, and the team is available 24/7 for a free consultation.
Call 504 200 0000
