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What should I do after a car accident in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Louisiana is an at-fault civil-law jurisdiction governed by the Louisiana Civil Code (delict) and Title 32 of the Revised Statutes (vehicles).

1. Immediate Steps at the Scene

  • Stop and exchange information (La. R.S. § 32:398). Felony hit-and-run if injury or death.
  • Render reasonable aid.
  • Call 911 for injuries.

    • 2. Mandatory Reporting

  • Police: Required for injury, death, or apparent damage exceeding $500 (La. R.S. § 32:398).
  • The investigating officer files the Louisiana Uniform Motor Vehicle Traffic Crash Report.
  • Notify insurer.

    • 3. Minimum Liability Insurance

    15/30/25 ($15,000 per person / $30,000 per accident / $25,000 property damage) under La. R.S. § 32:900 — among the lowest in the U.S.

    4. Pure Comparative Fault

    Under La. Civ. Code art. 2323, "if a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person…the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury." There is no bar based on percentage — pure comparative fault.

    5. Prescription (Statute of Limitations) — Major 2024 Change

    Louisiana historically had a 1-year prescription for delictual actions (Civ. Code art. 3492). Act 423 of 2024 (HB 315) created a new 2-year prescriptive period for delictual actions arising on or after July 1, 2024 — codified at La. Civ. Code art. 3493.1. Causes of action arising before July 1, 2024 remain governed by the 1-year rule.

  • Property damage: 1 year (Civ. Code art. 3492 — pre-2024 actions; 2 years post-2024).
  • Wrongful death: 1 year/2 years following same rule.
  • Claims against state agencies: Notice required; suit within prescription period.

    • 6. Direct Action

    Louisiana is a "direct action" state — the injured plaintiff may sue the at-fault party's liability insurer directly (La. R.S. § 22:1269), one of only two such states.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Crash occurred near the prescription change date (June/July 2024)
    • Direct action against insurer is being considered
    • Multiple at-fault parties — pure comparative fault apportionment
    Related Statutes & Laws
    • La. R.S. § 32:398
    • La. R.S. § 32:900
    • La. R.S. § 22:1269
    • La. Civ. Code art. 2323
    • La. Civ. Code art. 3492
    • La. Civ. Code art. 3493.1

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.