Auto Insurance Claims in Louisiana: Guide
Summary
Louisiana is an at-fault (tort) state that follows pure comparative negligence, with minimum liability limits of 15/30/25 ($15,000 per person / $30,000 per accident / $25,000 property damage).…
Louisiana Car Insurance Claims: Deadlines, Limits & Your Rights
Louisiana is an at-fault (tort) state that follows pure comparative negligence, with minimum liability limits of 15/30/25 ($15,000 per person / $30,000 per accident / $25,000 property damage). Louisiana follows pure comparative fault. Your award is reduced by your percentage of fault. Minimum coverage is 15/30/25.
How fault works in Louisiana
Louisiana is an at-fault (tort) insurance state, which means the driver who caused the crash is liable for the damages. You can pursue the at-fault driver's insurer directly (a third-party claim), file with your own insurer and let them recover from the other side through subrogation, or sue the at-fault driver.
Your compensation is reduced by your share of fault, but you can recover even if you were mostly to blame — a driver found 90% at fault can still collect 10% of their damages. That makes Louisiana one of the more forgiving states for partially-at-fault drivers.
Filing deadlines (statute of limitations)
Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:
| Claim type | Deadline in Louisiana |
|---|---|
| Bodily injury | 1 years from the accident |
| Property damage | 1 years from the accident |
Statutory basis: One-year prescriptive period (among the shortest in the US). La. CC Art. 3492. One-year prescriptive period. La. CC Art. 3493.
Minimum coverage required in Louisiana
Every Louisiana driver must carry at least:
- $15,000 bodily injury liability per person
- $30,000 bodily injury liability per accident
- $25,000 property damage liability
- Uninsured/underinsured motorist coverage is not required in Louisiana — but it's worth adding, since it pays when the at-fault driver has no insurance.
- Personal Injury Protection (PIP) is not required in Louisiana.
These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.
Know your rights when dealing with adjusters in Louisiana
Louisiana is a one-party consent state, so you may legally record your own calls with an adjuster as long as you are part of the conversation — useful for keeping an accurate record of what the insurer promised.
Louisiana has a statutory bad-faith / unfair-claims-practices law, which can entitle you to penalties, interest, or attorney's fees when an insurer handles your claim improperly.
How to file your Louisiana claim, step by step
- Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
- Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
- Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
- Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
- File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.
Where to get help in Louisiana
If an insurer won't deal fairly, your regulator is Louisiana Department of Insurance. You can file a complaint at https://www.ldi.la.gov/consumers/file-a-complaint. General information: https://www.ldi.la.gov.
Key takeaways for Louisiana
- Louisiana is an at-fault (tort) state using pure comparative negligence.
- You generally have 1 years to sue for injuries and 1 years for property damage.
- Minimum liability limits are 15/30/25.
- UM/UIM is optional but recommended. PIP is not required.
- Your regulator for complaints is Louisiana Department of Insurance.
Educational information, not legal advice. Laws change — confirm current rules with Louisiana Department of Insurance or an attorney licensed in Louisiana. Last reviewed June 2026 · InsurifyAI Knowledge Hub.
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