Louisiana Car Accident Laws

If you've been in a car accident in Louisiana and you're thinking about making a car accident claim:

• there's a one-year deadline for filing most car accident lawsuits in Louisiana's civil court system, and
• Louisiana's "pure comparative fault" rule lets you collect compensation for your car accident losses even if you're partly (even mostly) responsible for causing the crash.

Let's look at the details of these laws, plus a few more.

What Is the Louisiana Car Accident Statute of Limitations?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.

As is true in many states, the statute of limitations that affects most car accident lawsuits in Louisiana is the same as the larger one that applies to almost all personal injury cases. Specifically, Louisiana Civil Code Article 3492 says: "Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained."

To translate, a "delictual" action is simply a lawsuit over some kind of harm, and a "liberative prescription" is a time limit. So, what Article 3492 says is that any lawsuit for injury or property damage must be filed within one year—that includes any claim for injury or vehicle damage by a driver, passenger, pedestrian, motorcyclist, bicyclist, or electric scooter rider after a traffic accident.

When Does the Statute of Limitations Start Running, and What If I Miss the Deadline?

Louisiana's one-year statute of limitations "clock" starts running on the date of the crash.

If you try to file your lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Does Louisiana's Statute of Limitations Apply to Car Insurance Claims?

No, the statute of limitations deadline only applies to court cases, not to car insurance claims. Any insurance company, whether your own or the other driver's, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.

But even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to -- if for no other reason than that you'll have more leverage during settlement talks.

What If Both Drivers Are at Fault for a Louisiana Car Accident?

Suppose you're seriously injured in a Louisiana car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Under Louisiana Civil Code Article 2323, Louisiana is a "pure comparative fault" state. This means that the amount of damages you can recover in a car-accident-related lawsuit is reduced by the same percentage as your level of fault in causing the crash.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000. Even if you're found mostly at-fault for the accident, you can still recover for your losses against other at-fault parties, just be prepared to see any damages award significantly reduced.

Does the Louisiana Comparative Negligence Rule Apply to a Car Insurance Claim?

The comparative negligence rule binds Louisiana judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Have to Report a Car Accident in Louisiana?

According to Louisiana Revised Statutes section 32-398, drivers in the state must report any vehicle accident that:

• results in injury to or death of any person, or
• results in property damage in excess of $500.

The driver must report the accident to the local police department if the accident occurred within an incorporated city or town. If the accident occurred outside an incorporated city or town, the driver must report the accident to the nearest sheriff's office or state police station. In either case, the driver must make the report immediately.

What Car Insurance Do I Need in Louisiana?

In almost every Louisiana car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Louisiana's car insurance rules.

What Is a "Salvage" Vehicle in Louisiana?

In Louisiana, a "Salvage Title" is usually issued on a vehicle that's been declared a "total loss" by a car insurance company after an accident, because of water damage, or from some other cause. A "total loss" typically means the cost of the damage amounts to 75 percent or more of the vehicle's "actual cash value."

Usually, within 30 days of the payment of a "total loss" claim, the insurance company or the vehicle owner needs to apply for a Salvage Title with the Louisiana Office of Motor Vehicles.

Can I Drive a "Salvage" Vehicle in Louisiana?

No, you can't legally drive a vehicle that's under a "Salvage Title" in Louisiana. But you can get a "Reconstructed" title and a new license plate issued on the vehicle if you follow the right steps, including:

• completing the application
• having the right ownership documentation
• getting an inspection (and an "Affidavit of Physical Inspection"), and
• submitting a "Reconstructed Parts List".

What's Next?

If you've been involved in a car accident in Louisiana, at some point you might need more than just information, especially if you've suffered significant injuries. It might make sense to discussion your options with an experienced legal professional. Learn more about how attorneys can help with a car accident claim.