Car accidents in Louisiana: what to do and who pays

At the scene and reporting a crash in Louisiana

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

If anyone is hurt or killed, or property damage is over $500, you must tell the police right away. Inside a city or town, call the city police. Outside, call the nearest sheriff's office or State Police station. You must also give your name, address and plate number to the other people involved and show your license if asked. In an evacuation area or declared emergency, you have 72 hours.

Damage amount

$500

Report to the state

No separate driver report to the state is required by this law. The police agency that investigates sends the report (or its data) to the Department of Transportation and Development within 48 hours after finishing the investigation.

Law

La. R.S. 32:398(A)-(C)

Official text

Read the official text

First 24 hours after a crash in Louisiana

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Louisiana

Louisiana is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP is required. Louisiana has no no-fault law. The driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage. But if YOU had no required insurance, the 'No Pay, No Play' law blocks you from recovering the first $100,000 of injury and the first $100,000 of property damage from the other driver, with some exceptions (for example, if the other driver was convicted of DWI for the crash, caused it on purpose, or fled the scene).

Law

La. R.S. 32:900 (required liability policy); La. R.S. 32:866 (No Pay, No Play)

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Louisiana

Rule

Modified (51% bar)

What it means

In Louisiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

La. Civ. Code art. 2323(A)(2), as amended by Acts 2025, No. 15 (HB 431), effective Jan. 1, 2026: if you are 51% or more at fault you recover nothing; under 51%, your money is reduced by your share. Before that date Louisiana used pure comparative fault; the Act itself does not say how it applies to crashes that happened before Jan. 1, 2026.

Compare every state's rule in the comparative negligence table.

Who pays in Louisiana: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Louisiana

Liability minimum

15/30/25

Uninsured / underinsured motorist (UM/UIM)

Uninsured/underinsured motorist coverage must be included at your bodily injury liability limits, unless you reject it, choose lower limits, or choose economic-only coverage on the state form. It can't be lower than 15/30 unless you choose economic-only coverage.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Louisiana

Ask the agency that investigated: Louisiana State Police, the sheriff's office or the city police. By law they must give you a copy and may charge no more than $5 for a report of up to 2 pages, or $20 (all fees included) for a longer report (La. R.S. 32:398(D)). Photos and video cost a 'reasonable fee.'

No confirmed online way to order a report in Louisiana? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Louisiana

How fast insurers must act

Your insurer must start adjusting a property damage claim within 14 days after you report it (30 days after a catastrophic loss). Insurers must pay a claim due to their own insured within 30 days after satisfactory proof of loss, and pay a third-party property damage claim within 30 days after a written settlement agreement. They must make a written offer on a property damage claim, including a third-party claim, within 30 days after satisfactory proof of loss. If a failure is arbitrary, capricious or without probable cause, the insurer can owe a penalty of 50% of the amount due (or $1,000, whichever is greater) plus proven economic damages, attorney fees and costs. If your own policy includes rental coverage, the insurer must provide it within 3 business days of your written request or risk a penalty (La. R.S. 22:1892).

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Louisiana

If the at-fault driver has no insurance, you can claim under your own uninsured motorist coverage (included unless you rejected it on the state form). Drivers with no required insurance also lose part of their own right to sue under 'No Pay, No Play': no recovery for the first $100,000 of injury and the first $100,000 of property damage (La. R.S. 32:866).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Louisiana

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Louisiana calls this 'prescription.' The 2-year period applies to claims arising after July 1, 2024 (Acts 2024, No. 423 is prospective only); older crashes had 1 year.

Law

La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Louisiana

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Louisiana

Small claims limit

$5,000 in city court small claims divisions and Justice of the Peace courts, not counting interest, costs and attorney fees.

Louisiana small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Louisiana

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Louisiana Department of Insurance, Office of Consumer Advocacy

Free help in Louisiana

• Louisiana Department of Insurance

Good to know in Louisiana

• Officers must tell each driver to give the other parties the owner and driver names, plate number, and the liability insurer and agent's contact details (La. R.S. 32:398(B)).
• 'No Pay, No Play' was raised to $100,000 for injury and $100,000 for property damage by Acts 2025, No. 16 (HB 434), effective Aug. 1, 2025 (La. R.S. 32:866).
• An insurer can't require you to repair your car at a particular shop, and must tell you that you don't have to use a shop it recommends (La. R.S. 22:1892).

Changes in 2024–2026

Acts 2024, No. 423: deadline to sue for injury and property damage went from 1 year to 2 years for claims arising after July 1, 2024 (Civ. Code art. 3493.1). Acts 2025, No. 15 (HB 431): from Jan. 1, 2026, you can't recover if you are 51% or more at fault (Civ. Code art. 2323). Acts 2025, No. 16 (HB 434), eff. Aug. 1, 2025: 'No Pay, No Play' amounts raised from $15,000 injury / $25,000 property to $100,000 each (R.S. 32:866). R.S. 22:1892 (claims handling) was also amended in 2024 and 2025 (Acts 2024 Nos. 3, 625, 757; Acts 2025 No. 500).

Free letters

Questions about car accidents in Louisiana

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