Car accident injury claims in Louisiana

Louisiana at a glance

Fault rule

Pure comparative fault

You can recover even if you were mostly at fault — your award is reduced by your share of fault.

No-fault state?

No

This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.

Minimum liability coverage

15/30/25 ($15K BI/person, $30K BI/accident, $25K PD) under La. R.S. 32:900(B)(2) financial-responsibility framework (§ 22:1295 cross-references § 32:900). $15K BI per person is among the LOWEST in the US.

Time limit for an injury claim

2 years

Generally measured from the date of the accident.

How fault works in Louisiana

La. C.C. art. 2323 establishes PURE comparative fault — plaintiff's recovery is reduced by the plaintiff's percentage of fault, with no bar at any percentage (plaintiff at 99% fault still recovers 1%). Louisiana joins the pure-comparative cluster (CA/NY/FL/KY/MS/RI/NM/SD/WA/MO/AZ). Joint-and-several liability was abolished by Act No. 3 of 1996 (1st Ex. Sess.); under La. C.C. art. 2324 liability is SEVERAL-ONLY, with narrow exceptions for intentional torts and conspiracy. La. C.C. arts. 2315 and 2316 are the foundational delictual/negligence articles. Louisiana is the only US civil-code jurisdiction — cite Civil Code articles directly, not common-law tort doctrine.

Paying for injuries in Louisiana

Louisiana is a pure at-fault state — there is NO statutory PIP requirement. La. R.S. 22:1296 governs optional MedPay (carrier-offered first-party medical-payments coverage; not mandated). There is NO tort threshold — noneconomic damages are recoverable from the first accident, subject only to pure comparative fault reduction (La. C.C. art. 2323). First-party medical otherwise flows through the claimant's health insurer (subject to subrogation/lien); recovery against the at-fault driver flows through the third-party BI liability claim OR — uniquely for Louisiana — directly against the at-fault driver's liability insurer under the direct-action statute (§ 22:1269) when its conditions are met.

Louisiana injury claims — common questions

Is Louisiana a no-fault state?

No. Louisiana is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Louisiana's fault rule for a car accident?

Louisiana follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.

How long do I have to file an injury claim in Louisiana?

In Louisiana the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.