Is Louisiana a No-Fault State?
When it comes to traffic collisions, Louisiana is not a no-fault state. Instead, it is a “tort” state, which means victims need to prove the other driver caused their crash and hold them responsible to recover money damages.
This may be possible by filing a claim based on the at-fault driver’s liability auto insurance coverage or suing them in the appropriate civil court. Working with a personal injury attorney from our firm can help you with this process.
How Does Being in a Fault State Affect Car Accident Victims?
In no-fault car insurance states, motorists have to carry special insurance policies known as “personal injury protection” or PIP coverage. This is a no-fault policy that pays out to cover their medical care, limited lost wages, and some other losses up to the coverage limits.
These states generally have a mechanism that allows victims with serious injuries to sue the at-fault driver, but only if the accident is severe enough.
In a fault-based state, the victims do not have to rely on their own car insurance coverage for compensation. They also do not have to meet a threshold of accident severity to hold the at-fault driver accountable.
Required Insurance Coverage for Louisiana Drivers and Vehicle Owners
According to the Louisiana Department of Insurance (LDI), the state has mandatory liability auto insurance requirements. Any car you own in Louisiana must have at least the minimum coverage. Liability coverage pays for:
- The accidents you cause
- Both property damage and personal injuries
- The damages of the victims up to policy limits
The minimum coverage requirements in Louisiana are sometimes called 15/30/25 liability limits. This is because they provide:
- $15,000 for injuries to one person
- $30,000 for injuries to all victims in a single accident
- $25,000 for property damage sustained by others
These policies cover your vehicle, so they also apply to anyone driving your car with your permission.
Recovering Compensation After a Collision in Louisiana
To recover compensation based on your Louisiana traffic accident, you will need to hold the at-fault motorist responsible. There are generally two ways you can do this:
- File a claim based on their auto liability policy and negotiate a settlement
- File a personal injury lawsuit in the appropriate jurisdiction and ask the jury to award you damages
Either of these options, with the right evidence, could allow you to recover damages that include:
- Medical costs
- Lost wages
- Property damages
- Additional expenses
- Pain and suffering
What do You Need to Prove to Secure Financial Recovery Following an Accident?
In no-fault states, you do not need to worry about proving who caused a crash. Instead, PIP policies pay out regardless of fault.
In a fault state like Louisiana, you will need to identify, analyze, and gather evidence to support your claim against the other driver. An attorney from our firm can help make this process much more manageable. You will need to show:
- What happened to cause your accident
- Who was responsible
- The value of the harm you suffered as a result
Proving fault and liability is not always easy. The accident report that law enforcement files may show the other driver caused the crash and received a citation as a result. However, this is usually only one piece of evidence required to secure a financial recovery in these claims.
What Should You do if You were in a Car Accident in Louisiana?
Because Louisiana is a tort state, you will need to consider how you will prove the other driver caused your collision from the beginning. You should be careful to protect your rights and preserve any proof available to help your case.
When you work with a lawyer from our team, they can take care of the evidence collection and case building for you. We will also:
- Assess your case for free
- Investigate what happened
- Manage your claim and all other communications
- Call in experts if necessary
- Negotiate with the insurer for an appropriate payout
- Represent you at trial if a lawsuit is needed
Louisiana generally gives traffic accident victims up to two years to begin a lawsuit. This is true in both personal injury cases under CC §3492 and wrongful death actions per CC §2315.2. Under some circumstances, this deadline comes even faster. There isn’t much time to prove fault and negotiate a settlement or prepare your case for court.
It is best to get started as soon as you can. We provide complimentary consultations and handle these cases on a contingency fee basis.
Talk to One of Our Attorneys Today for Free
You can learn more about your legal options for compensation during a complimentary consultation with Laborde Earles Injury Lawyers. A team member will evaluate your rights and the strength of your case for free today.
Call now to connect with our team.
