Louisiana · Comparative fault · Updated Oct 2026

Comparative fault in Louisiana: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Louisiana, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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.
Insurance system
Fault (tort)

Insurance and small claims in Louisiana

No PIP is required. Louisiana has no no-fault law.

Small claims limit for car damage in Louisiana: $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

How fast an insurer must handle a claim in Louisiana

  • 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).

Recent changes in Louisiana

  • 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).

If the insurer says you were partly at fault

  1. Get the police report. Ask the agency that investigated: Louisiana State Police, the sheriff's office or the city police. Reporting a crash in Louisiana and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Louisiana Department of Insurance, Office of Consumer Advocacy.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Louisiana, with the calculator

Who pays in Louisiana: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Louisiana

Questions about comparative fault in Louisiana

Is Louisiana a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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.

Where can I complain if an insurer blames me unfairly in Louisiana?

Louisiana Department of Insurance, Office of Consumer Advocacy: https://www.ldi.la.gov/

How fast must an insurer handle a car insurance claim in Louisiana?

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.

How do I get 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.'

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Sources

Last checked: Oct 24, 2026.