Is Louisiana a No-Fault State for Car Accidents?

After a car accident, there are numerous concerns about how to cover the significant costs of the accident. Many drivers wonder: Is Louisiana a no-fault state for car accidents?

Louisiana is not a no-fault accident state. It’s important to understand how you can recover compensation after an accident through a state insurance claim.

Car accidents frequently cause injuries and death, and those losses can be compensated for after a collision. Lake Charles had 1,331 suspected injuries in car accidents in 2024 and, sadly, eight fatalities. In Lafayette, there were 3,260 suspected injuries in the same year and 15 fatalities.

Understanding a Fault-Based System for Car Accidents

In an at-fault car accident state, the at-fault party in an accident is responsible for the damages. If you are in a collision with another driver and they are to blame, then you file a car insurance claim with their insurance company rather than with your own. This claim can cover your damages up to the coverage limit, including pain and suffering, medical bills, property damage, lost income, and other losses.

After a car accident, the insurance companies of all the involved drivers will investigate the accident to determine who was at fault. Each insurer is focused on limiting its own liability, and so the other driver’s insurer may try to claim you were liable or partially liable. Your insurer will also investigate and limit their own liability, which can line up with your interests, but does not always.

Filing a fault-based claim can become more complicated if both you and the other driver are partially to blame or if multiple other drivers were at fault.

Comparative Negligence in Louisiana

If you were partially at fault, or multiple other drivers were at fault, then comparative negligence will affect your claims and potentially how much compensation you can receive. Each driver is responsible for their portion of the accident.

If you are determined to be 20% at fault for the crash, then you are responsible for 20% of the damages. When you make an insurance claim, your total damages will be reduced by 20%.

If multiple other drivers are at fault, then you may be able to file multiple insurance claims, recovering a portion of your damages from each claim. Although this can help you secure full compensation, it can also be complicated.

The Elements of Fault in an Accident

Typically, the at-fault party in a car accident is one of the drivers, and they engaged in an act of negligence or misconduct. To prove that a driver is at fault or liable for the crash, you must be able to prove the following:

1. Duty of care. Drivers on the road owe each other a duty of care to avoid causing harm to others who are on the road.
2. Breach of duty. You must prove that the driver breached that duty of care to you because of their misconduct, recklessness, or negligence.
3. Causation. You have to show the link between the breach of duty and the cause of the accident.
4. Damages. You have to prove that the accident resulted in your injuries and other compensable damages.

How Do You Determine Fault?

The cause of the accident is crucial to determine which party is at fault. When a driver is at fault for an accident, they may be at fault for actions such as:

• Distracted driving. There were 1,057 vehicle crashes in Calcasieu Parish that were attributed to distracted or inattention in 2024.
• Driving under the influence. In Calcasieu Parish in 2024, alcohol-related crashes were responsible for 3.16% of property damage crashes and 6.37% of injury crashes, compared to contributing to 17.24% of fatal crashes.
• Moving violations. This includes speeding, failing to yield, ignoring stop lights or stop signs, tailgating, or unsafe lane changes.

When these actions lead to the crash, the driver can be liable. In rare cases, a driver is not at fault for an accident, but a third party is. This could include a car mechanic, a vehicle owner, or a product manufacturer.

If you were in a car accident in Lake Charles, it is important to call 911 and report the accident. The Lake Charles Police Department is located at 830 Enterprise Boulevard, and their non-emergency number is (337) 491-1317.

FAQs

Is Louisiana a Fault State for Car Accidents?

In Louisiana, if you are in a car accident, you can file an insurance claim with the at-fault driver’s insurance provider. This claim can cover the economic and non-economic damages of the accident.

A driver may be at fault for negligent actions like distracted driving or misconduct like driving under the influence. When these reckless behaviors lead to an accident, that driver is at fault, and injured individuals can recover damages like medical expenses for injuries and lost income.

Who Is at Fault in a Rear-End Collision in Louisiana?

Every accident is different, and multiple different parties could be at fault in a rear-end collision in Louisiana. While it is often the driver who rear-ended the other car who is at fault, this is not always the case. In some cases, the rear-ended driver is at fault for negligent behavior like erratic driving. Another party could also be at fault, such as if the rear-end collision occurred because of faulty brakes and the manufacturer made a dangerous product.

What Happens If the Person Not at Fault in an Accident Has No Insurance in Louisiana?

If someone not at fault in a car accident has no insurance in Louisiana, they are limited in their ability to recover compensation from the at-fault driver. It is illegal to drive without car insurance. If an accident happens, that party can only recover damages when they reach a certain value in property damage and/or injury costs, and nothing prior to that limit. In addition, the driver may face other penalties for driving without insurance.

What Should You Do When a Car Accident Is Not Your Fault?

When you are involved in a car accident that is not your fault, you should take several steps, including:

1. Get to safety, moving individuals and cars out of harm’s way if it is possible to do so
2. Report the accident and the injuries from the accident you are aware of
3. Get medical attention
4. Provide the police officer with a report
5. Exchange contact information from other parties, including driver(s) and witnesses
6. Report the crash to your insurer
7. Contact an attorney

Contact the Cox Law Firm

If you have been in a motor vehicle accident, you need an attorney to protect your rights. Contact the Cox Law Firm today.