Is Louisiana a No-Fault State?

Numerous insurance and legal considerations exist when it comes to recovering compensation after a car accident. One of the primary considerations for car crash victims is whether they reside in an at-fault state or a no-fault state, as this determines which insurance company they turn to for compensation: their own or the other driver's insurance company. Which begs the question: is Louisiana a no-fault state?

Below, the Shreveport auto accident attorneys at Rice & Kendig explain everything you need to know about Louisiana's fault laws and comparative negligence laws, which could significantly impact your car accident settlement amount.

Key Takeaways

• Louisiana is an at-fault state, meaning the driver who caused the accident is financially responsible for all the damages.
• You can still recover damages even if you were partially to blame, but your payout will be reduced by your percentage of fault, as long as you're less than 51% at fault.
• Effective August 1, 2025, if you don't have car insurance, you cannot recover the first $100,000 for your personal injury and property damage claims.
• You must prove the other driver's negligence to receive compensation.
• Uninsured motorist coverage protects you if you're hit by a driver who doesn't have insurance.

Is Louisiana a No-Fault State?

No, Louisiana is not a no-fault state. Instead, Louisiana is a fault-based state regarding car accidents, which means determining fault is essential in allocating responsibility for damages incurred in traffic accident claims. Unlike in no-fault states, where each party's insurance covers their losses, in Louisiana, the negligent driver is typically liable for compensating the other party for their injuries and damages.

Key Louisiana Laws for Your Accident Claim

Louisiana has specific laws that can directly affect how much compensation you receive after a car accident. Here's a breakdown of the most important ones:

Comparative Negligence Law

Louisiana operates under a 51% comparative fault system. This means that even if you are partially to blame for an accident, you can still recover damages from the other driver, as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the crash, your final settlement will be reduced by 20%. If you are 51% or more at fault, you cannot recover any damages.

The "No Pay, No Play" Law

This law is designed to encourage all drivers to have car insurance. If you are uninsured at the time of an accident, this rule limits the amount of compensation you can recover. Specifically, it prevents uninsured drivers from collecting the first $100,000 for bodily injury and the first $100,000 for property damage, even if the other driver was 100% at fault. You would have to pay these initial costs out of your own pocket.

Statute of Limitations

In Louisiana, you only have two years from the date of the accident to file a lawsuit. An amendment to Louisiana’s statute of limitations law, known as Act No. 423, recently took effect on July 1, 2024. This act amends the previous law (Art. 3493.11) to increase the statute of limitations from one to two years for auto accidents that occurred after July 1, 2024.

Accident Reporting Requirements

Louisiana law requires drivers to report accidents to law enforcement if the crash results in injury, death, or property damage exceeding $500. However, there's a 72-hour exception that allows you to file a report within 72 hours if police didn't respond to the scene initially.

How to Prove Fault in a Car Accident in Louisiana

In Louisiana, establishing fault in car accident claims typically involves proving negligence, a legal concept based on failing to exercise reasonable care that harms others. Louisiana applies what is referred to as the duty/risk analysis. In that analysis, five essential elements must be established:

1. Duty of Care

This refers to the implied duty to exercise reasonable care to avoid causing harm to others while driving.

2. Breached Duty of Care

This occurs when a driver fails to uphold this obligation, such as:

• Violating traffic laws
• Driving drunk, distracted, tired, or aggressively
• Tailgating or following too closely
• Failing to yield right-of-way
• Speeding or reckless driving
• Running red lights or stop signs
• Improper lane changes or merging

3. Causation

This links the defendant's breach of duty to the accident. In other words, did the driver's negligent action or inaction directly cause the collision?

4. Scope of Duty

This determines whether the defendant's substandard conduct was the legal cause of the plaintiff's injuries.

5. Damages

These refer to the financial losses suffered by the victim due to the other driver's negligent behavior. They are intended to provide the victim with a full economic recovery.

Given the challenges of proving fault in car accidents, consulting with attorneys who handle drunk driving accidents or distracted driving lawsuits can be valuable.

Common Mistakes to Avoid After a Car Accident

After a car accident in Louisiana, it is easy to make a mistake that could jeopardize your insurance claim or ability to seek compensation. Here are some common pitfalls to avoid:

• Failing to call the police: A police report is a key piece of evidence that can help determine fault. Always call the police, even for a seemingly minor accident.
• Admitting fault at the scene: Even a simple apology can be used against you by an insurance company. Do not admit fault or take blame for the accident.
• Delaying medical treatment: Some injuries may not be immediately apparent. Seeking medical attention right away creates a record of your injuries and links them directly to the accident.
• Giving a recorded statement to an insurance company: Do not give a recorded statement to any insurance company without first speaking with one of our experienced attorneys. The other driver's insurance is certainly not on your side. Their goal is to pay as little as possible. And giving a statement to your own company without a lawyer present can become problematic. That statement can be used against you in any lawsuit you bring for injuries and damages.
• Failing to collect evidence: If you are physically able, take photos of the accident scene, vehicle damage, and any visible injuries. Collect the other driver's insurance details and contact information for any witnesses.

At Rice & Kendig, we take care of our clients and offer dedicated support through the entire legal process. We fight aggressively and do everything possible to pursue the maximum compensation you deserve.

Motor Vehicle Collision Damages You Can Recover

In the aftermath of a motor vehicle collision, individuals often seek compensation for various types of damages to help them recover from the accident's financial, physical, and emotional impacts. Some of the most common types of damages that people recover after a motor vehicle collision include:

• Medical bills
• Property damage and car repairs
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium
• Punitive damages (in drunk driving wrecks)

These damages collectively aim to help victims recover physically, financially, and emotionally from the repercussions of a motor vehicle collision. To learn more about the damages you can recover after a Louisiana car wreck, contact Rice & Kendig today and schedule a free consultation. Seeking legal guidance from our experienced Shreveport motor vehicle collision attorneys can ensure victims recover damages for all their losses.

Contact the Shreveport Car Accident Attorneys at Rice & Kendig

Our law firm is here to help you understand your legal rights and options for pursuing a fair settlement. With a proven track record, our team is committed to advocating for your best interests to seek compensation for your losses.

When you suffer injuries and property damage to your car due to a negligent driver, you shouldn't wait. Don’t rely upon what the insurance company tells you. Reach out to us today to schedule a free consultation and take the first step toward securing the justice and compensation you deserve.