Car Accident Claims in Louisiana

A driver in a crash causing injury, death, or property damage over $500 must immediately notify the local police department if inside an incorporated city or town, or otherwise the nearest sheriff's office or state police station. If the crash happens in an area under an evacuation order or a declared state of emergency, the driver has 72 hours to give notice and exchange information.

In La. R.S. 32:398 the written crash report is made by the investigating law enforcement agency on electronic forms approved by the Department of Public Safety and Corrections. Within 48 hours after completing the investigation, the agency forwards a copy (or the crash data) to the Department of Transportation and Development (and, for crashes inside a city, to the city police department). Crash reports are confidential and are available only to the parties, their insurers, healthcare providers, lawyers, certain family members and news organizations, within 7 working days after the investigation is complete on request.

A driver in a crash causing injury, death, or property damage over $500 must give name, address and vehicle registration number, and on request show a driver license, to anyone injured or to the driver or attendant of damaged property, and to police. Hit-and-run driving is the intentional failure of a driver involved in or causing any crash to stop at the scene, give their identity (or report the crash to police), and give reasonable aid. Without death or serious bodily injury: up to $500 fine and/or up to 6 months in jail (at least 10 days in certain alcohol- or drug-related cases). When the driver knew or should have known of death or serious bodily injury: up to $5,000 fine and/or 2 to 10 years, with 2 years served without parole, probation or suspension. Repeat impaired-driving or vehicular-homicide/injury offenders face 5 to 20 years.

Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene).

Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.

Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.

Two years. Damage to movable property (such as a car) falls under the general two-year period for delictual actions, running from the day the damage is sustained. For damage to immovable property (land and buildings), the two years run from the day the owner knew or should have known of the damage.