How Car Accident Laws in Louisiana Differ from Other States

October 23rd, 2019

Some Louisiana laws relating to car accidents are very different from other states. Understanding Louisiana law can help you understand your rights if you have been injured in a car accident due to someone else’s negligence.

Direct Action

Louisiana is a very unique state in the sense that it allows an injured party to directly name an insurance company in a court case regarding a car accident. This significant difference in Louisiana law allows victims to often receive more compensation as the judge or jury knows that there is an insurance company, rather than an individual, to compensate the injured party.

Oftentimes a judge or jury may be sympathetic to a negligent driver and issue smaller judgments. However, if an insurance carrier is named in a lawsuit, it becomes clear to the jury or judge that the individual will not bear a burden to pay any damages and they are more likely to award a larger monetary award to the injured party.

Statute of Limitations

The statute of limitations for personal injury claims arising out of a car accident in Louisiana is also very different than other states. Louisiana only has a one-year statute of limitations, which means that a plaintiff must file a claim for compensation within one year from the date of the accident. This clock does not run against minors under the age of 18.

Comparative Negligence

Louisiana is a comparative negligence state, which means that if you were at-fault for any part of the car accident, your damages and compensation for your injuries may be reduced by the percentage you were determined responsible. However, you should not let the legal concept of comparative negligence deter you from filing a claim for compensation you are owed.

Insurance Limits

Louisiana has very low insurance minimum amounts comparable to other states. There is a $15,000 bodily injury minimum for insurance policies. If a driver only elects this minimal amount of coverage, then an injured party will only have the ability to recover damages up to $15,000. Additionally, Louisiana requires a minimum of $30,000 in insurance coverage for injuries for two or more parties and $25,000 minimum coverage for property damage. These insurance minimums are much lower than other states, which is a disadvantage to anyone suffering injuries in a car accident due to someone else’s recklessness, carelessness or negligence.

Contact an Experienced Car Accident Attorney Today

If you were injured in a car accident in Louisiana, there are very different laws, rights and responsibilities compared to other states that you must be aware of. The experienced car accident attorneys at the The Bowling Law Firm can help you understand your rights and help you determine your next steps. Contact one of our attorneys today at (504) 586-5200, (504) 586-5200, or online.