By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed February 13, 2023
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If you find yourself in a fender bender in Louisiana, you will be thankful you are in a state where insured drivers are likely to be able to recover damages. But if you are uninsured or your accident results in serious damages, you will want to be familiar with Louisiana car accident compensation laws.
Below, you'll find a chart laying out important aspects of Louisiana's car accident compensation laws along with detailed explanations of some of the key elements.
Statute of Limitations |
One year (Louisiana Civil Code §3492) |
|---|---|
Limits on Damages |
The Compulsory Coverage Rule requires uninsured parties' damages to first exceed specific minimums. (Louisiana Revised Statute §32:866) Damages are limited to $500,000 for claims against a government agency. (Louisiana Revised Statute §13:5106) |
Other Limits |
Medical Malpractice damages are limited to $500,000. (Louisiana Revised Statute §40:1299.42) Comparative Fault System (Louisiana Revised Statute §9:2800.68) |
Louisiana employs the "fault" system for insurance claims. The fault system requires you to prove that another driver was at fault before you can recover damages for any injuries you suffered in an accident.
Most importantly, Louisiana has a "compulsory coverage" rule. It is also referred to as "pay to play." The compulsory coverage rule prevents an injured party from recovering for the first $15,000 of bodily injury and for the first $25,000 of property damage if the injured party is uninsured.
While the compulsory coverage rule may seem harsh to injured parties, the "pure comparative fault" system Louisiana uses is quite generous. Under the "pure comparative fault" rule, as long as a driver is less than 100% at fault, that driver may recover a portion of that driver's damages. For example, if a driver is found to be 99% at fault and suffers $10,000 in damages, that driver may still recover $100 in damages. This is a stark contrast to certain other states where a driver who is more than 50% at fault can recover nothing.
Car accident damages tend to be categorized as one of two types: economic damages or non-economic damages.
Money damages are known as economic damages. They include repair or replacement of damaged cars, past and future medical expenses, lost income, and other out-of-pocket expenses.
Non-economic damages are harder to calculate. They include pain, emotional distress, and disability or disfigurement.
Examples of common car accident damages include:
In most cases, Louisiana has no cap on damages in personal injury or car accident cases. While there are no car accident damage caps in most cases in Louisiana, if the car accident involves a government agency, there is a state-imposed limit of $500,000 on the total amount of damages you can receive.
Additionally, the state of Louisiana does impose a relatively short time limit on how long a driver may wait before filing a lawsuit. This is known as the statute of limitations. In Louisiana, the limit is one year.
Finally, for serious personal injuries that lead to hospital stays, Louisiana's state-imposed cap on medical malpractice could prevent you from recovering your full damages. If a medical professional exacerbates your car accident injury, an individual medical professional may only be held liable up to $100,000, and your total recovery is limited to $500,000. The Patient's Compensation Fund pays up to $400,000.
If you have been injured in a car accident in Louisiana, you will be thankful that you can still recover even if you are partially at fault. But the short statute of limitations, the medical malpractice cap, and the compulsory coverage rule can make it hard to recover all of your damages. Contact a Louisiana motor vehicle accident attorney today and learn more about your legal options.
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