By Serdar Arslan, editor · Last reviewed · How we research
Louisiana rewrote two core crash rules in back-to-back years. For injuries on or after July 1, 2024, the filing deadline doubled from 1 year to 2. Then, for claims governed by the law in effect from January 1, 2026, the state dropped pure comparative fault: a driver 51% or more at fault now recovers nothing. Older crashes may still follow the old rules, so the crash date matters.
Uninsured drivers face a separate hurdle. Under the 'No Pay, No Play' law, an uninsured driver generally cannot recover the first $100,000 of bodily injury or property damage, raised from $15,000/$25,000 in 2025, with exceptions such as when the other driver was drunk. Claims against the state or local governments are generally capped at $500,000 in general damages per person, and service on a government defendant must be requested within 90 days of filing. Liability minimums are 15/30/25. Police must be notified right away after crashes involving injury or more than $500 in damage. Louisiana had 752 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the day the injury or damage is sustained, for injuries on or after July 1, 2024. Before that date, Louisiana used a 1-year period, so older crashes may follow the old rule. |
|---|---|
| Property damage deadline | Generally 2 years, because vehicle damage from a crash is a delictual (tort) claim under the same article Source: La. Civ. Code art. 3493.1 |
| Wrongful death deadline | Generally 1 year from the death or 2 years from the day the injury was sustained, whichever gives you more time Source: La. Civ. Code art. 2315.2(B) |
| Claims against a government entity | There is no special notice-of-claim deadline in the statutes we checked, but if you sue the state, a state agency or a local government, you must request service on that defendant within 90 days of filing, or the case against it can be dismissed. Total damages against government defendants for one person's injury or death (excluding medical care, lost earnings and property damage) are generally capped at $500,000. |
| Fault rule | Modified comparative fault (51% bar): For claims governed by the law in effect on or after January 1, 2026, you recover nothing if you are 51% or more at fault. Below 51%, your damages are reduced by your share of fault. Before 2026, Louisiana used pure comparative fault. |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $15,000 per person / $30,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on damages in car accident cases against private parties. Claims against the state or local governments are generally capped at $500,000 in general damages per person (La. R.S. 13:5106). Under Louisiana's 'No Pay, No Play' law, an uninsured driver generally cannot recover the first $100,000 of bodily injury or property damage (raised from $15,000/$25,000 in 2025), with exceptions such as when the other driver was drunk. |
| Reporting a crash | If a crash causes injury, death, or more than $500 in property damage, the driver must notify police right away: city police inside a city or town, otherwise the sheriff or nearest State Police station. In areas under an evacuation order or declared emergency, you have 72 hours. Source: La. R.S. 32:398 |
Getting your crash report in Louisiana
For Louisiana State Police crashes, wait about 15 working days, then buy the report online ($11.50 plus fees) or in person at a Troop office with a Crash Request Form. Fatal crash reports are sold only in person at the Troop office. For city police or sheriff crashes, ask that agency.
Checking a Louisiana lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Louisiana Attorney Disciplinary Board – Attorney Status Search
- Lawyer referral: New Orleans Bar Association – resources for the public
752 people died in motor vehicle crashes in Louisiana in 2024, according to FHWA Highway Statistics Table FI-20 (NHTSA FARS data).
Frequently asked questions
›Is my deadline 1 year or 2 years in Louisiana?
It depends on when you were hurt. For injuries sustained on or after July 1, 2024, the deadline is generally 2 years (La. Civ. Code art. 3493.1). Before that date, Louisiana used a 1-year period, so older crashes may follow the old rule.
›How did the 2026 fault change affect car accident claims?
For claims governed by the law in effect on or after January 1, 2026, you recover nothing if you are 51% or more at fault (La. Civ. Code art. 2323(A)(2), as amended by Acts 2025, No. 15). Below 51%, your damages are reduced by your share of fault. Before 2026, Louisiana used pure comparative fault.
›What does 'No Pay, No Play' mean for uninsured drivers?
An uninsured driver generally cannot recover the first $100,000 of bodily injury or property damage after a crash. The threshold was raised from $15,000/$25,000 in 2025. Exceptions exist, such as when the other driver was drunk.
›Is there a trap in suing a Louisiana government agency?
Yes. If you sue the state, a state agency or a local government, you must request service on that defendant within 90 days of filing, or the case against it can be dismissed (La. R.S. 13:5107(D)). General damages against government defendants are generally capped at $500,000 per person (La. R.S. 13:5106(B)).
›What is the wrongful death deadline in Louisiana?
Generally 1 year from the death or 2 years from the day the injury was sustained, whichever gives you more time (La. Civ. Code art. 2315.2(B)). Check the statute or ask a licensed attorney if the dates are close.
Sources
- La. Civ. Code art. 3493.1 – Two-year prescription (legis.la.gov)
- La. Civ. Code art. 2315.2 – Wrongful death action (legis.la.gov)
- La. Civ. Code art. 2323 – Comparative fault (legis.la.gov)
- La. R.S. 32:872 – Proof of financial responsibility (legis.la.gov)
- La. R.S. 32:398 – Crash reports (legis.la.gov)
- La. R.S. 13:5106 – Limits on damages against the state (legis.la.gov)
- La. R.S. 13:5107 – Service on state and political subdivisions (legis.la.gov)
- Louisiana State Police – Traffic Records Unit (crash reports)
- Louisiana Attorney Disciplinary Board – Attorney Status Search
- FHWA Highway Statistics 2024, Table FI-20 (FARS)