Louisiana Car Accident Guide: Get Fair Compensation for Injuries

See what to do after a Louisiana car accident to protect your health and preserve your right to injury compensation.

Impaired and distracted drivers are the leading causes of traffic accidents in Louisiana, with nearly 1,000 fatalities every year.¹

When you or a family member are hurt in a motor vehicle accident, you deserve fair compensation from the at-fault driver. Usually that means filing a claim with the driver’s auto insurance company. Here’s what you need to know to protect your interests and build a strong injury claim.

What to Do After a Louisiana Car Accident

There are five steps you can take at the scene of the crash to protect your interests and safety.

1. Stay At the Scene and Exchange Information

Louisiana accident law requires drivers to immediately stop at the scene and share their name, address, and license number of their vehicle, and report the accident to the police.

Failure to stop at the scene is considered a “hit and run” accident. The hit-and-run driver is subject to stiff penalties. A driver who flees from an accident involving serious or fatal injuries may face up to $5,000 in fines and imprisonment for up to ten years, with or without hard labor.

What if I hit a parked car in Louisiana?

Louisiana law requires drivers to stop and identify themselves after any accident, even after hitting a parked vehicle. Notify police of the incident, and provide your name, address, and license number of the vehicle you were driving. Leaving without notifying the owner or police is legally a hit-and-run accident even when there are no injuries, with fines up to $500 and up to six months in jail.

2. Call 911 and Help the Injured

Louisiana drivers are required to render aid to the seriously injured, to the extent they can help the person without putting themselves or others at risk.

Calling 911 to ask for medical assistance helps meet the requirement to render aid. If you are able, help the injured as best you can until emergency responders arrive.

Can I be sued for giving aid to the injured in Louisiana?

Louisiana has “Good Samaritan” laws protecting people who provide emergency care at an accident scene. A person who provides aid in an emergency, with no expectation of payment, is not liable for civil damages.

3. Seek Prompt Medical Treatment

Most car accidents are sudden, loud, and violent. When you’ve been tossed around or jolted by the impact of a collision, it’s normal to experience a rush of adrenaline as your body responds to the threat.  However, that adrenaline rush can mask symptoms of serious injuries.

Never refuse medical attention at the accident scene. Let emergency responders evaluate you for injuries. If medics want to transport you to the hospital, go with them.

If you aren’t taken directly from the scene, get a medical evaluation as soon as possible, preferably on the day of the accident. See your personal doctor, go to the hospital emergency department, or visit an urgent care center.

Tell the medical provider when and how you were injured. Discuss every symptom and injury, even scrapes and bruises, shakiness, and nausea. It’s important for your medical records to tell the full story of your injuries. You’re entitled to compensation for all your damages, not just a specific injury.

Refusing or delaying medical care after an accident gives the at-fault driver’s insurance company an excuse to deny or limit your potential settlement.

Can I make an insurance claim for a minor injury?

You can make an auto insurance claim for minor injuries, so long as you have medical records and bills to support your claim. The negligent driver’s insurer should pay for your medical evaluation after the accident, including CT scans or an MRI to rule out more serious injuries.

4. Gather Evidence From the Scene

Louisiana is a traditional fault or “tort” state, meaning the at-fault party is liable for your damages. Before the other driver’s insurer will pay, you have the burden of proving they were responsible for causing your injuries.

The police crash report is strong evidence of fault, especially when the other driver was ticketed for a traffic law violation.

Other types of evidence include:

How can I get a copy of the police report?

You must contact the police agency that came to the accident scene to request a copy of the police crash report. The responding agency may be from the local city, town, parish, or the Louisiana State Police.

How long do traffic violations stay on my record in Louisiana?

Traffic tickets can stay on your Louisiana driving record for three years. However, Louisiana Code of Criminal Procedure Laws Articles 892.1 and 894 provide ways to keep a ticket off your record.

5. Notify Both Insurance Companies

In Louisiana, you have the right to seek compensation from the at-fault driver and other liable parties. For example, if you are hit by a company vehicle, you can file a claim or lawsuit against the at-fault driver and the driver’s employer.

Notify the at-fault driver’s insurance company of your intent to file an accident claim. You can send a notification letter or you may be able to file a claim online.

You should receive an acknowledgment from the insurance company and a claim number. If you are filing an injury claim and a property damage claim, you may get a unique claim number for each type of claim. Vehicle repairs are usually processed separately from injury claims.

Contact Your Own Insurance Company

Your auto insurance policy is a legally binding contract between you and your insurance company. The policy has a notification and cooperation clause, meaning you’re required to notify the insurer of any accident you are in and to cooperate with their investigation.

You must notify the insurance company even when the accident isn’t your fault, or if you and the at-fault driver happen to have the same insurance company.

In return, your insurance company has a duty to defend you if you get sued by someone claiming to have been injured in the crash.

Is Louisiana a No-Fault state?

Louisiana is not a no-fault state. It is a traditional fault state, also called a “tort” state. You can pursue the at-fault party for all your damages. Usually, that means filing a claim with the driver’s insurance company.

How long do I have to make an insurance claim in Louisiana?

Not long. Louisiana only has a one-year statute of limitations for adult injury claims. You must settle the claim or file a lawsuit within one year from the accident date or lose your right to pursue compensation.

Louisiana Fault and Liability Rules

Louisiana is an “at-fault” liability state. You can seek compensation for all your damages, including pain and suffering, from the at-fault driver and any other potentially liable parties. In most cases, you or your lawyer will be dealing with the at-fault party’s insurance company.

Unlike a “no-fault” state, you don’t have to rely on your own insurance policy after an accident. But you can use applicable coverage if it’s easier for you.

For instance, if you have collision coverage on your policy, you may decide to have your own insurer handle your car repairs. Then your insurer will seek reimbursement from the at-fault driver’s insurance company, including any deductible you paid. Your recovered deductible will be returned to you.

Louisiana Shared Fault Rules

Louisiana follows a pure comparative fault rule. That means each party is responsible for their share of fault, if any. If you seek compensation from the other driver, your compensation will be reduced by your percentage of blame for the accident.

Example of Pure Comparative Fault in Louisiana

Kevin was traveling east on Mollylea Drive in Baton Rouge, approaching the intersection of Marilyn Drive. Tracy was traveling west on Mollylea, also approaching Marilyn Drive.

Kevin and Tracy both had a green light while approaching the intersection. Kevin stepped on the gas, intending to travel straight through the intersection before the light changed. At the same time, Tracy had begun a left turn onto Marilyn Drive. Kevin’s SUV collided with the front passenger side of Tracy’s sedan.

Both drivers suffered injuries. Tracy was ticketed at the scene for failing to yield to oncoming traffic. The police crash report included a witness statement that Kevin had come “flying through the intersection,” causing the crash.

Kevin filed a $20,000 injury claim with Tracy’s insurance company. When settlement negotiations failed, Kevin filed a lawsuit.

At trial, the jury heard from the driver who had been following Kevin before the crash. He testified that Kevin rapidly accelerated while approaching the intersection, although Tracy had already begun her turn.

The jury found Tracy 60 percent at fault for making a left turn into traffic, and Kevin 40 percent to blame for speeding. Kevin was awarded $12,000 in damages, representing a 40 percent reduction to his $20,000 claim value.

What makes a Louisiana driver at fault for a rear-end collision?

Barring extenuating circumstances, Louisiana drivers can be at fault for a rear-end crash if they were following too closely to safely stop, taking into consideration road conditions and weather.

Which driver is at fault for a side-impact collision in Louisiana?

The driver who failed to yield the right of way is usually liable for a side-impact collision. Disregarding traffic signals, or stop or yield signs can cause accidents. Turning left into oncoming traffic is another common cause of side-impact accidents.

Does Louisiana have laws related to head-on collisions?

Head-on collisions happen when the at-fault driver crosses over the center line into oncoming traffic. Louisiana drivers must stay on the right side of the road, unless they are legally and safely passing a car or under other limiting circumstances.

Louisiana Car Accident Compensation

Insurance companies in Louisiana payout over $3 billion in auto accident claims each year.

Fair compensation for minor to moderate injury claims can be calculated by adding up your economic damages, like medical bills and lost income, then adding one to three times that amount for non-economic damages, or pain and suffering.

The multiple used will depend on the severity of your injuries. A multiple of three is appropriate for a broken ankle that kept you on crutches for six weeks. A multiple of one is reasonable for a few days of sore muscles.

Use our free Louisiana Personal Injury Calculator to estimate a minor to moderate settlement.

Severe injuries and wrongful death claims should only be handled by an experienced attorney to get fair compensation for the victim and their loved ones.

Can I sue for pain and suffering in Louisiana?

Louisiana accident victims can seek compensation for non-economic damages, commonly called pain and suffering. This is more than the physical pain from wounds and treatment. Pain and suffering includes the humiliation, frustration, and emotional distress arising from injuries, like not being able to hold your crying baby, needing help in the bathroom, nightmares, anxiety, and more.

Average Car Accident Settlements in Louisiana

The average injury settlement for a moderate car accident claim in Louisiana is $23,136, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $2,525 for minor injuries to $649,780 for severe injuries.

Injury payouts can vary widely, depending on the circumstances of the accident, shared fault, the scope of the victim’s injuries, and the limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Baton Rouge, Craig v. Corban, 512080, a judge awarded $6,152 to the victim for soft-tissue neck injuries. The at-fault driver admitted fault but disputed the victim’s injuries.
  2. In East Baton Rouge, Arnold v. Hill, 480840, a judge awarded $281,922 for lower back injuries requiring disc replacement surgery. The at-fault driver denied all liability.

Factors that impact car accident compensation include:

  • Scope and severity of injuries
  • Shared fault for the crash
  • Multiple-vehicle collisions
  • Multiple injured victims
  • Wrongful death 
  • Available insurance coverage

Auto accidents involving serious or fatal injuries are high-dollar claims. The at-fault driver’s insurance coverage may not be adequate to compensate the victims. Victims may be protected by mandatory uninsured coverage, or optional coverages they chose to purchase.

Louisiana State Minimum Insurance Requirements

Louisiana drivers are required to carry an auto insurance policy with minimum bodily injury liability limits of $15,000 per person and $30,000 per accident, and $25,000 for property damage.

Uninsured Motorist Coverage in Louisiana

Auto insurance companies in Louisiana are required to offer uninsured motorist (UM) coverage equal to the policy liability limits. The policyholder has the right to reduce the amount of coverage or choose an alternate form of UM coverage, but they cannot completely reject UM coverage.

Uninsured motorist coverage provides compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover all your damages.

Visitor Questions on Louisiana Claim Guide