Louisiana Motor Vehicle Accident Laws

Insurance Requirements

System type: Louisiana adheres to a traditional fault-based insurance system, meaning the driver found at fault for causing an accident is responsible for compensating the victims for injuries, lost wages, and property damage. Compensation is typically handled through the at-fault driver’s liability insurance.

Minimum coverage requirements: Louisiana law mandates the following minimum liability insurance coverage for all drivers:

• $15,000 for bodily injury per person
• $30,000 for bodily injury per accident
• $25,000 for property damage per accident

These limits represent the minimum required by law, but higher coverage amounts can provide greater financial protection. Drivers should consider increasing their coverage to safeguard personal assets, as they are personally responsible for damages exceeding policy limits.

Proof of insurance: Louisiana drivers are required to carry proof of insurance at all times and can present it physically or digitally via a mobile device. Acceptable forms include an insurance ID card, a digital declaration page, or similar insurer-provided documentation. Failure to provide proof when requested by law enforcement may lead to fines and additional penalties outlined under non-compliance rules.

Penalties for non-compliance: Driving without insurance in Louisiana can result in severe penalties, including fines ranging from $500 to $1,000, suspension of driving privileges, impoundment of the uninsured vehicle, and revocation of vehicle registration and license plates. 

Additionally, Louisiana’s “No Pay, No Play” law restricts uninsured drivers from recovering certain amounts of compensation after an accident, even if they were not at fault. Specifically, uninsured drivers cannot claim:

• The first $25,000 in property damage
• The first $15,000 in personal injury damages

Exceptions to this law include cases where the at-fault driver was convicted of a DUI, intentionally caused the accident, or fled the scene (hit-and-run). Failure to provide proof of insurance during a traffic stop or accident may lead to additional fines and the immediate suspension of driving privileges. Reinstatement fees increase with the duration of the lapse:

• $50 for 11-30 days
• $125 for 31-90 days
• $225 for over 90 days

Rideshare drivers: Drivers for services like Uber and Lyft must meet additional insurance requirements:

• Logged into the app, but no ride was accepted (Period 1): Minimum liability coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1 million in liability coverage and uninsured/underinsured motorist coverage, with deductible options for comprehensive and collision coverage depending on the driver’s personal policy

Drivers should ensure their personal insurance policies do not exclude coverage for rideshare activities. Adding a rideshare endorsement prevents coverage gaps during Period 1 and avoids policy cancellations.

Optional coverages: Louisiana drivers can opt for additional insurance policies to expand their protection:

• Collision coverage: Covers repair costs for your vehicle regardless of fault
• Comprehensive coverage: Protects against non-collision incidents such as theft, vandalism, or weather-related damage. This is particularly valuable in Louisiana, where hurricanes and flooding are common
• Medical Payments (MedPay): Supplements health insurance by covering immediate medical costs regardless of fault
• Gap insurance: Covers the difference between the loan balance and the vehicle’s cash value if the car is totaled in an accident
• Rental reimbursement: Pays for a rental car while repairs are made after a covered incident
• Uninsured/underinsured motorist coverage (UM/UIM): Protects against accidents involving drivers who lack adequate insurance. This coverage also applies in hit-and-run incidents, ensuring financial security for medical expenses and property damage

Fault Laws

Pure comparative negligence in Kentucky

Louisiana follows a pure comparative fault system, meaning that accident victims can recover damages even if they share some responsibility for the crash. However, their compensation is reduced proportionally to their percentage of fault. For example, if a driver is found 20% at fault in an accident resulting in $50,000 in damages, they can recover $40,000. Even if a driver is primarily at fault—such as 90%—they can still recover 10% of their damages.

This system applies in cases where victims pursue claims outside of Kentucky’s no-fault insurance framework. Understanding and proving fault is crucial in such cases, as the compensation awarded depends directly on fault allocation.

Multi-vehicle collisions

In accidents involving multiple vehicles, fault is divided among all parties based on evidence such as police reports, witness statements, and damage analysis. Louisiana’s comparative fault rule ensures that each party’s compensation is adjusted according to their share of responsibility. Accurate documentation and legal representation are essential in these complex scenarios to achieve a fair outcome.

Special considerations for passengers

Passengers injured in Louisiana car accidents can pursue compensation from any at-fault party, whether it’s the driver of their vehicle or another involved driver. Compensation may be reduced if the passenger’s actions—such as failing to wear a seatbelt—contributed to their injuries.

Statute of Limitations

Personal injury claims: The statute of limitations for personal injury claims in Louisiana varies based on when the accident occurred:

• Accidents before July 1, 2024: Victims must file a personal injury lawsuit within one year from the date of the accident
• Accidents on or after July 1, 2024: Victims have two years from the date of the accident to file a claim

Property damage claims: For property damage claims, such as vehicle repairs or replacement, the same timeline of one year applies for accidents occurring before July 1, 2024, and two years for accidents occurring on or after that date.

Wrongful death claims: In fatal car accidents, family members or representatives of the deceased have the same timeframes as those of personal injury to file a wrongful death lawsuit. The timeline starts from the actual date of death.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations is paused until their 18th birthday, allowing claims to be filed once they reach legal adulthood
• Delayed discovery: If injuries or damages are not immediately apparent, the filing period begins when the harm is discovered or should have reasonably been discovered. For example, hidden injuries that manifest later may extend the timeline
• Government claims: Claims involving public entities, such as government vehicles or poorly maintained roads, often have shorter deadlines. Formal notice may be required within 90 days to one year, depending on the specific circumstances

Accident Reporting Requirements

When to report an accident

In Louisiana, drivers must report a motor vehicle accident to law enforcement under the following circumstances:

• Injury or death: If anyone involved is injured or killed
• Property damage: If the total damage exceeds $500

Accidents must be reported immediately to the local police department if they occur within city limits. For crashes outside incorporated areas, reports should be made to the nearest sheriff’s office or Louisiana State Police station. During emergencies or declared evacuation orders, reporting requirements may be fulfilled within 72 hours if immediate reporting is not possible.

Filing accident reports

When law enforcement responds to an accident scene in Louisiana, officers prepare an official crash report, typically satisfying legal reporting requirements. If law enforcement does not respond, it becomes the driver’s responsibility to report the incident. 

You can file a crash report by visiting the nearest police department, sheriff’s office, or Louisiana State Police troop office. Alternatively, you can submit a completed crash report form by mail to the Louisiana State Police Traffic Records Unit or the appropriate local agency.

Law enforcement agencies must forward completed crash reports to the Louisiana Department of Public Safety and Corrections within 48 hours of completing their investigation.

How to access accident reports

Accident reports are vital for resolving insurance claims and legal matters. In Louisiana, you can access crash reports through the following avenues:

Louisiana State Police (LSP): 

• Online: Reports can be purchased and downloaded through the Louisiana State Police Crash Report Portal. Reports are generally available 10–15 business days after the accident. The cost is $11.50 plus additional processing fees
• In person: Visit the Louisiana State Police troop office where the crash was reported. A completed crash request form is required
• Mail: Send the Crash Request Form along with a check or money order to:

Traffic Records Unit
P.O. Box 66614 (Box A-27)
Baton Rouge, LA 70896

Local law enforcement: Reports handled by municipal police or sheriff’s offices must be requested directly from those agencies. Each department may have specific request procedures, including online options, in-person visits, or mail-in requests. Fees may apply, with reports costing up to $5 for two-page reports or $20 for longer reports.

Louisiana State Police provide online access to crash reports for a fee. You may need the seven-digit crash report number, or details such as the accident date, location, and involved parties. Crash reports may also include photographs, diagrams, and additional supporting evidence. That said, photographs and copies of these materials can be requested for an additional fee.

Reports may take 10–15 business days to process, while photographsofr fatal crashes require a 60-day waiting period. For specific questions or assistance, contact the Louisiana State Police Traffic Records Unit via email at LSP.TrafficRecords@la.gov or visit their official website.

Additional considerations

Private property accidents: Accidents on private property, such as parking lots, do not always require law enforcement involvement. However, it is recommended to document these incidents thoroughly, including taking photographs, gathering witness statements, and exchanging information with the other party for insurance purposes.

Hit-and-run incidents: If another driver leaves the scene of an accident, report the incident to law enforcement immediately. Provide as much detail as possible, including vehicle descriptions, license plate numbers, or any identifiable characteristics of the fleeing driver or vehicle.

Deer and wildlife collisions: Accidents involving wildlife, such as deer, are not uncommon in rural areas of Louisiana. These incidents should be reported if there is significant property damage or injury to ensure proper insurance coverage.

Failure to report: Neglecting to report an accident that meets legal reporting criteria (e.g., significant property damage, injury, or death) can result in fines of up to $100, potential jail time, and suspension of driving privileges.

Compensation Limits

Economic damages: Louisiana imposes no cap on economic damages in car accident cases, allowing victims to recover the full extent of their measurable financial losses. These damages include, but are not limited to, medical expenses, property damage repair or replacement, lost wages, and reduced earning capacity. However, the recovery amount may be constrained by the at-fault driver’s insurance policy limits. Victims can explore additional compensation options through their own underinsured motorist (UIM) coverage or by pursuing legal action against the at-fault driver if damages exceed policy limits.

Non-economic damages: Non-economic damages, such as pain and suffering, emotional distress, and loss of quality of life, are also uncapped in most car accident cases in Louisiana. Courts evaluate these damages based on the severity of injuries and their long-term impact on the victim’s life. For instance, cases involving permanent disability or disfigurement often result in higher awards.

Punitive damages: Punitive damages are rarely awarded in Louisiana car accident cases. They may apply only in exceptional circumstances, such as when the at-fault driver was intoxicated or acted with gross negligence. These damages aim to punish the wrongdoer rather than compensate the victim. 

Claims against government entities: In cases involving government entities or employees, Louisiana law caps total damages at $500,000 under Louisiana Revised Statute §13:5106. This cap includes both economic and non-economic damages, with punitive damages are not permitted in claims against government entities. Claims must adhere to strict procedural rules, including specific filing deadlines, to ensure eligibility for compensation.

Medical Malpractice Limits: If a car accident injury is exacerbated due to medical malpractice, Louisiana caps total recovery at $500,000 under Louisiana Revised Statute §40:1299.42. Individual healthcare providers may be held liable for up to $100,000, while the state’s Patient’s Compensation Fund covers the remainder, up to $400,000. These limits apply specifically to medical malpractice cases arising from the accident.

“No Pay, No Play” Rule: Uninsured drivers in Louisiana face limitations under the state’s “No Pay, No Play” law:

• They cannot recover the first $15,000 in personal injury damages
• They are also barred from recovering the first $25,000 in property damage

Exceptions exist for cases where the at-fault driver was intoxicated, intentionally caused the accident, or fled the scene.

Medical Coverage Considerations

Understanding medical coverage after a car accident in Louisiana is vital for managing healthcare expenses and ensuring access to necessary treatments. Louisiana’s system involves various coverage options, including liability insurance, optional medical payments coverage (MedPay), and other resources to support accident victims.

Liability insurance: Louisiana requires drivers to carry liability insurance, which pays for injuries and damages caused to others in an accident. However, this coverage does not pay for the policyholder’s medical expenses. In accidents where another driver is at fault, their liability insurance, with the previously mentioned coverage limits, covers medical costs. However, payments are subject to policy limits and may be delayed until fault is established. If your expenses exceed these limits, additional coverage options or legal action may be necessary.

Medical Payments Coverage (MedPay): MedPay is an optional add-on policy available in Louisiana that offers financial assistance for immediate medical expenses regardless of fault. It covers medical bills, hospital stays, and ambulance costs, with payouts issued without the need to prove fault. The coverage limits are determined by the policyholder, usually ranging between $1,000 and $10,000. MedPay is particularly helpful for bridging gaps in coverage or managing out-of-pocket expenses while awaiting settlement resolutions.

Uninsured/underinsured motorist coverage (UM/UIM): Uninsured/underinsured motorist coverage is another optional policy designed to protect victims when the at-fault driver has insufficient insurance. This coverage helps address medical expenses that exceed the at-fault driver’s liability limits and provides a financial safety net in hit-and-run cases or incidents involving uninsured drivers. By securing UM/UIM coverage, policyholders ensure additional protection in scenarios where the responsible party cannot cover the full extent of damages.

Health insurance: After exhausting options like MedPay or liability coverage, health insurance often plays a crucial role in covering remaining medical expenses. However, health insurers frequently seek reimbursement from accident settlements, placing additional financial considerations on victims. Deductibles and copays may require upfront payments for specific treatments, and health insurance typically acts as secondary coverage if MedPay or liability insurance is already in use. Reimbursement clauses allow insurers to recover their costs by placing liens on settlement amounts, further emphasizing the need for careful coordination between auto and health insurance providers.

Government assistance programs: Government healthcare programs, including Medicare, Medicaid, and TRICARE, can provide vital financial support for eligible individuals. These programs cover a range of medical services, such as hospital stays, surgeries, and rehabilitation. However, they require prompt reporting of accident-related claims and demand reimbursement from settlement proceeds. Maintaining detailed documentation of all medical expenses is essential to ensure compliance with these programs and avoid delays in reimbursement.

Medical Liens and letters of protection: Healthcare providers may secure payment for treatment by placing liens on settlement amounts, ensuring they are compensated for services rendered. Attorneys can assist by issuing letters of protection, which guarantee payment from future settlements and allow victims to access necessary care without upfront costs. Proper negotiation of medical liens is critical to maximizing the victim’s financial recovery while ensuring that healthcare providers are fairly compensated.

Important considerations:

• Preserve documentation: Maintain detailed records of all medical bills, insurance communications, and related expenses
• Seek immediate treatment: Prompt medical attention not only ensures well-being but also documents injuries for insurance claims and legal cases
• Be aware of timelines: Delayed treatment or failure to report injuries promptly can jeopardize claims
• MedPay benefits: Consider adding MedPay to your auto insurance policy for added financial security
• Consult a personal injury lawyer: Legal guidance can help navigate coverage complexities, negotiate settlements, and ensure compliance with lien laws

Unique Local Factors

Weather and road conditions: Louisiana’s subtropical climate and geographic diversity create unique challenges for drivers throughout the year.

• Hurricanes and tropical storms: Coastal areas, including New Orleans and Lake Charles, face significant risks from hurricanes and tropical storms, which can lead to flooding, road closures, and debris hazards
• Heavy rainfall and flash flooding: Louisiana’s low elevation and extensive bayous make it prone to flash flooding, especially during spring and hurricane seasons. Roads near rivers and in low-lying areas are particularly vulnerable
• Heat and humidity: Prolonged high temperatures during summer months can contribute to tire blowouts and overheat vehicle engines, requiring regular vehicle maintenance 

Drivers should stay informed about weather alerts, avoid flooded roads, and ensure vehicles are properly maintained to handle extreme conditions.

Traffic hazards and wildlife: Louisiana’s mix of urban centers and rural highways creates diverse traffic hazards.

• Urban congestion: Cities such as Baton Rouge and New Orleans experience heavy congestion during rush hours, particularly on I-10, I-12, and I-49. Construction zones on major highways often compound delays and require extra caution
• Wildlife hazards: Wildlife, including deer and alligators, poses risks in rural areas and along wetland-adjacent roads. Wildlife collisions are more common during dawn and dusk hours

Drivers are advised to reduce speeds in construction zones, remain alert near wildlife crossings, and exercise patience during high-traffic periods.

Tourism and events: Louisiana’s cultural and tourism attractions often lead to increased road traffic and heightened accident risks.

• Mardi Gras: Held annually in New Orleans, this event draws thousands of visitors, significantly increasing traffic congestion around downtown and the French Quarter
• Festival season: Events like the New Orleans Jazz & Heritage Festival and the Louisiana Crawfish Festival attract heavy traffic, especially on weekends
• Sports and gaming destinations: Visitors to venues like the Caesars Superdome and riverboat casinos contribute to spikes in traffic on major routes, including I-10 and I-20

Drivers should plan alternate routes, expect delays during major events, and remain cautious near unfamiliar tourists.

Local Resources & Contacts

State agencies:

• Louisiana Department of Transportation and Development (DOTD): Provides updates on road conditions, closures, and construction projects 
  • Website: wwwsp.dotd.la.gov 
  • Phone: (225) 379-1232
• Louisiana Department of Insurance (LDI): Provides guidance on auto insurance requirements and assistance with disputes
  • Website: www.ldi.la.gov 
  • Consumer hotline: (800) 259-5300

Louisiana State Police (LSP): Offers accident reporting services, traffic safety enforcement, and crash data.

• Website: www.lsp.org      
• Phone: (225) 925-6006

Consulting a Louisiana personal injury attorney: Experienced Louisiana personal injury attorneys can help victims navigate the state’s fault-based system, pursue claims against uninsured drivers, and ensure compliance with legal deadlines. Attorneys can also assist in negotiating settlements, addressing medical liens, and maximizing compensation for medical expenses, lost wages, and non-economic damages. Many attorneys offer free consultations to assess potential claims and provide tailored advice.