Louisiana
Louisiana Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 7 primary sources cited on this page. How we verify our legal content
Louisiana is an at-fault (tort) state that follows modified comparative fault with a 51% bar, so the at-fault driver's liability insurer pays and your recovery is reduced by your share of fault but eliminated entirely if you are 51% or more responsible. That 51% bar applies only to crashes on or after January 1, 2026; if your crash happened before that date, pure comparative fault still governs and you can recover a reduced share at any fault percentage.
Is Louisiana a no-fault or at-fault state?
Louisiana is an at-fault (tort) state. When you are injured in a crash, you pursue compensation directly from the driver who caused it, through their liability insurer or in court. Louisiana is not one of the 12 traditional no-fault or PIP states, and the state imposes no verbal or monetary injury threshold a victim must cross before suing for pain and suffering.
Liability in Louisiana is governed by the delictual (tort) provisions of the Civil Code, principally La. C.C. arts. 2315 and 2316. An injured party may claim all damages sustained as a result of the fault of another, including economic losses and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Because Louisiana requires no injury threshold, every car accident injury case is potentially a full tort case from the first day.
Louisiana does not require personal injury protection (PIP) or any no-fault first-party medical benefits. Medical-payments (MedPay) coverage is available as an optional add-on, but it is not mandated by statute. If you carry MedPay, it can pay your medical bills regardless of fault while you pursue the at-fault driver separately.
How fault is shared: Louisiana's negligence rule
Louisiana follows modified comparative fault, codified at La. C.C. art. 2323. Under this system, fault is allocated among all parties, and each party's recoverable damages are reduced in proportion to their own percentage of fault. A driver who is 30% at fault recovers 70% of their total damages.
Effective January 1, 2026, Act 15 of 2025 amended Article 2323 to adopt a 51% bar: if you are found to be 51% or more at fault, you recover nothing. The bar is not retroactive. Act 15 contains no retroactivity provision (its Section 2 says only that the Act becomes effective on January 1, 2026), and under La. C.C. art. 6 substantive laws apply prospectively only, so the bar governs causes of action arising on or after that date. Crashes before January 1, 2026 are still judged under pure comparative fault, which allowed even a mostly-at-fault plaintiff to recover a proportionate share of damages. That distinction is live right now: because delictual claims carry a 2-year prescriptive period, many claims still being negotiated or filed in 2026 come from 2024 and 2025 crashes and are not subject to the bar at all. The 2025 change moved Louisiana into the group of states using a modified 51-bar system, aligning it with a majority of U.S. jurisdictions.
For a crash on or after January 1, 2026, the practical consequence is significant. If you are 50% at fault you still recover half your damages; if the jury finds you 51% at fault your recovery is zero. Insurer adjusters often try to push your fault percentage above 50% during negotiations precisely to trigger the bar. Preserving evidence (police reports, photographs, witness statements, traffic-camera footage) is essential to defending your share of fault.
Minimum car insurance in Louisiana
Louisiana law requires every motor vehicle registered in the state to maintain liability insurance at a minimum of 15/30/25. Under La. R.S. 32:900(B)(2), those minimums are $15,000 for bodily injury or death of one person in one accident, $30,000 for bodily injury or death of two or more persons in one accident, and $25,000 for property damage. These limits have been in effect since January 1, 2010 and are among the lower minimum-limit floors in the country. Compliance is required under the Motor Vehicle Safety Responsibility Law (La. R.S. 32:861 et seq.).
Louisiana does not mandate PIP, so there are no required first-party medical benefit floors beyond the liability coverage itself.
For uninsured and underinsured motorist coverage, La. R.S. 22:1295 requires insurers to include UM/UIM coverage in every auto liability policy at limits matching the policy's bodily-injury liability limits, unless the named insured rejects it, selects lower limits, or chooses economic-only UM coverage in writing on the commissioner-prescribed form. A properly executed selection or rejection form creates a presumption of a knowing waiver and remains valid for the life of the policy across renewals. Carriers may not silently omit UM/UIM; the insured must affirmatively choose to reduce or remove it.
Louisiana also has a notable "no pay, no play" law. Under La. R.S. 32:866, as amended by Act 16 of 2025 (effective August 1, 2025), an uninsured owner-operator is barred from recovering the first $100,000 in bodily-injury damages and the first $100,000 in property-damage damages from the at-fault driver, even if the other driver was 100% at fault. This penalty was raised from the prior $15,000/$25,000 cap by the 2025 amendment. The bar does not apply if the at-fault driver is cited for DUI and later convicted (or pleads nolo contendere), intentionally caused the accident, fled the scene, or was committing a felony at the time of the accident.
How long you have to file: the statute of limitations
Louisiana uses the term "prescription" rather than statute of limitations, but the effect is the same: file your lawsuit within the prescriptive period or lose your right to sue. For personal-injury claims arising from auto crashes, the liberative prescriptive period is 2 years under La. C.C. art. 3493.1, enacted by Act 423 of 2024 (HB 315) and effective July 1, 2024. This 2-year deadline applies prospectively: it governs causes of action that arose on or after July 1, 2024.
If your crash occurred before July 1, 2024, the former 1-year delictual prescriptive period under La. C.C. art. 3492 (repealed outright by Acts 2024, No. 423, §2) still applies. That distinction matters practically: a crash on June 30, 2024 had only one year to file, while a crash on July 1, 2024 has two years. Prescription generally begins running from the day the injury or damage is sustained, though the discovery rule and other tolling doctrines can delay the running of prescription in some circumstances.
If your accident involved a government vehicle or a government-owned road defect, suits against the state or a political subdivision are governed by special rules under Louisiana's governmental-claims statutes. La. R.S. 13:5106 caps the state's total liability at $500,000 per person for personal injury and $500,000 per person for wrongful death, exclusive of property damages, medical care and related benefits, loss of earnings, and loss of future earnings. The general prescriptive period described above still applies to your filing deadline, but government defendants can carry additional procedural requirements that a private defendant would not. Consult a Louisiana attorney promptly if a governmental entity may be involved.
For more on how these deadlines work across claim types, see the Louisiana statute of limitations page.
What a Louisiana car accident claim is worth
The value of a Louisiana car accident claim turns on the nature and extent of your injuries, your documented economic losses, the fault allocation under Article 2323, and the available insurance coverage. Economic damages include all out-of-pocket losses: emergency-room and hospital bills, surgery, physical therapy, prescription medications, future medical care if the injury is permanent, lost wages during recovery, and loss of future earning capacity if you cannot return to your prior occupation. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.
For crashes on or after January 1, 2026, Louisiana's 51-bar modified comparative fault rule affects both trial verdicts and settlement negotiations. For an earlier crash, pure comparative fault applies, so a fault finding above 50% reduces your recovery instead of erasing it. An insurer that believes it can attribute 51% of fault to you will argue that you owe them nothing. Maintaining strong evidence of the other driver's fault is not just trial preparation: it is your primary tool in pretrial settlement discussions.
The at-fault driver's minimum 15/30 bodily-injury limits are low relative to the cost of any serious injury. Catastrophic injuries routinely exceed the minimum policy by many multiples. If the at-fault driver carries only minimum coverage, your own UM/UIM coverage (if you did not reject it under La. R.S. 22:1295) fills part of the gap. Louisiana's no pay, no play law also affects recovery if you were uninsured at the time of the crash.
Use the Louisiana car accident settlement calculator to model damages based on your specific injuries and fault allocation.
What to do after a car accident in Louisiana
Prioritize safety first. Move vehicles out of traffic when it is safe, check for injuries, and call 911. Louisiana law requires drivers to stop and remain at the scene of any accident involving injury, death, or property damage, and to render reasonable assistance. A police report creates an official record that is difficult for insurers to contradict.
Document the scene thoroughly. Photograph vehicle positions before moving them, visible damage to all vehicles, skid marks, road conditions, traffic-control devices, and any visible injuries. Collect the names, contact information, driver's license numbers, and insurance details of all other drivers. Get names and contact information from any witnesses while they are still at the scene.
Seek medical attention promptly. Some injuries, particularly soft-tissue damage, concussions, and internal injuries, do not produce obvious symptoms at the scene. Delaying medical care gives insurers an opening to argue that your injuries were not caused by the crash or were not serious. A same-day or next-day medical evaluation creates a contemporaneous record linking your condition to the accident.
Be careful about recorded statements. The at-fault driver's insurer may call quickly asking for a recorded statement. You are generally not required to give one to the adverse insurer. Anything you say can be used to inflate your comparative-fault percentage and reduce or eliminate your recovery under Article 2323.
Contact an attorney before accepting a settlement offer. Louisiana insurers sometimes make early, low offers, and signing a release is final: you cannot reopen the claim if your injuries turn out to be more serious. Before you sign a release, get a free claim review from a Louisiana car accident lawyer on whether the offer covers your full losses and available coverage (attorney advertising). Most Louisiana car accident attorneys work on contingency, and many offer a free consultation.
Also review the Louisiana hit-and-run laws page if the at-fault driver fled the scene, and see the car accident laws hub for a nationwide comparison.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Louisiana.
More Louisiana Laws
- Louisiana Dashcam Laws
- Louisiana Hit and Run Laws
- Louisiana Slip and Fall Laws
- Louisiana Statute of Limitations
- Louisiana Workers Compensation Laws
Frequently Asked Questions
Is Louisiana a no-fault state?
No. Louisiana is an at-fault (tort) state. There is no PIP requirement and no injury threshold to clear before suing for pain and suffering. Injured drivers pursue compensation directly from the at-fault driver's liability insurer or through a lawsuit. Louisiana does not require first-party no-fault benefits of any kind.
Is Louisiana an at-fault state?
Yes. Louisiana is an at-fault state governed by the delictual provisions of the Civil Code (La. C.C. arts. 2315-2316). The at-fault driver's liability insurer pays the injured party's damages, and the injured party may sue directly for economic and non-economic losses including pain and suffering.
What is the statute of limitations for a car accident in Louisiana?
Two years for crashes on or after July 1, 2024, under La. C.C. art. 3493.1 (Act 423 of 2024). Louisiana calls this period 'prescription' rather than a statute of limitations. Crashes before July 1, 2024 are still subject to the old 1-year prescriptive period. If a government entity is involved, additional procedural requirements and a damages cap (La. R.S. 13:5106) apply under Louisiana's governmental-claims statutes, so consult an attorney promptly.
Can I still recover if I was partly at fault in Louisiana?
Yes. For a crash on or after January 1, 2026, you can recover as long as you are less than 51% at fault: Louisiana follows modified comparative fault under La. C.C. art. 2323, so your damages are reduced by your percentage of fault, and at 30% fault you recover 70% of total damages. At 51% or more you recover nothing. That bar came from Act 15 of 2025 and is not retroactive, so if your crash happened before January 1, 2026 the older pure comparative fault rule applies and you can still recover a reduced share even if you were mostly at fault.
What are the minimum insurance requirements in Louisiana?
Louisiana requires 15/30/25 liability coverage: $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $25,000 for property damage (La. R.S. 32:900(B)(2)). UM/UIM coverage must be included in your policy at your liability limits unless you reject it or select lower limits in writing on the state-prescribed form (La. R.S. 22:1295).
What is Louisiana's 'no pay, no play' law?
Under La. R.S. 32:866 (amended by Act 16 of 2025, effective August 1, 2025), an uninsured owner-operator is barred from recovering the first $100,000 in bodily-injury damages and the first $100,000 in property-damage damages from the at-fault driver. This bar applies even if the other driver was 100% at fault, unless the at-fault driver was DUI-convicted, acted intentionally, fled the scene, or was committing a felony at the time of the accident. The 2025 amendment raised the cap from the prior $15,000/$25,000 limit.
How much is my Louisiana car accident claim worth?
Value depends on your economic losses (medical bills, lost wages, future treatment costs, property damage) and non-economic losses (pain and suffering, emotional distress), reduced by your comparative-fault percentage under Article 2323. The at-fault driver's 15/30 minimum limits are low; serious injuries often require a UM/UIM claim against your own policy. Use the Louisiana settlement calculator for an estimate based on your specific facts.
Updates
Clarified that Louisiana's 51% comparative-fault bar applies only to crashes on or after January 1, 2026 (earlier crashes remain under pure comparative fault), and corrected the two-year prescription citation to La. C.C. art. 3493.1.
Repaired four Louisiana source links that pointed at the wrong statute and corrected a civil-code article number (art. 3493.1).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Repaired four Louisiana source links that pointed at the wrong statute and corrected a civil-code article number (art. 3493.1).
Corrected La. R.S. 13:5106 from a fabricated notice/1-year-deadline claim to its actual content (the state's $500,000 damages cap), and added R.S. 32:866's statutory exceptions (DUI conviction, intentional act, fleeing the scene, felony) to the "no pay, no play" bar in every place the page stated it.
Completed the list of damages excluded from the La. R.S. 13:5106 governmental liability cap to match the statute.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 2323Comparative faultIn forcecited in 18 of our articles
A.(1) In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault attributable to all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. (2) If a person suffers injury, death, or loss partly as the result of his own negligence and partly as a result of the fault of another person or persons, then the following shall apply: (a) If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at legis.la.gov
Cited in 187 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Murray v. Ramada Inns, Inc. (1988) held assumption of risk no longer bars recovery and that such plaintiff conduct is judged under article 2323's comparative fault reduction. Keith v. US Fidelity & Guar. Co. (1997) held the 1996 amendment to article 2323 procedural and retroactive, so an immune employer's fault is quantified.
Opinions citing this section in our collection:
- Murray v. Ramada Inns, Inc. (Supreme Court of Louisiana 1988, 521 So. 2d 1123)✓Answering a question certified by the Fifth Circuit in a suit over a man paralyzed and killed by a dive into the shallow end of a motel pool, the court held assumption of risk no longer totally bars recovery; that conduct falls under Article 2323 and only reduces damages.
- Miller v. Lammico (Supreme Court of Louisiana 2008, 973 So. 2d 693)✓A jury divided fault among three doctors whose missed diagnosis let a pelvic infection destroy Mrs. Miller's uterus; the court held Article 2323's fault percentages apply to the full damages award before the medical malpractice cap, even where the plaintiff bears no fault.
- Keith v. US Fidelity & Guar. Co. (Supreme Court of Louisiana 1997, 694 So. 2d 180)✓An oilfield worker hurt by rented slips sued the equipment lessor, which pleaded the fault of his compensation-immune employer; the court held the 1996 amendment extending Article 2323 to persons with statutory immunity was procedural and applied retroactively to that case.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Dog Bite Laws: Liability and Victim Rights, Louisiana Hit and Run Laws: Penalties and What to Do, Louisiana Dashcam Laws: Mounting, Recording, and Evidence Rules
§ 2315Liability for acts causing damagesIn forcecited in 10 of our articles
A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged.
Official text (excerpt) · last checked 2026-08-27 · Read the full text in our law library · Verify at legis.la.gov
Cited in 567 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Louisiana courts apply Art. 2315 case by case: Hornsby v. Bayou Jack Logging (2005) held restoration costs above the land's value require reasons personal to the owner, which a vague intent to develop did not supply, and Naylor v. La. Dept. of Public Highways (1982) required every duty-risk element before recovery.
Opinions citing this section in our collection:
- MJ Farms, Ltd. v. Exxon Mobil Corp. (Supreme Court of Louisiana 2008, 998 So. 2d 16)“…had suffered "damages," and were therefore entitled under La. Civ.Code art. 2315 to recover medical monitoring costs. B…”
- Naylor v. La. Dept. of Public Highways (Louisiana Court of Appeal 1982, 423 So. 2d 674)✓A motorcyclist hit an oil and sand mixture left in a highway curve and suffered permanent brain damage; the court found both the highway department and the state police liable under article 2315 for breaching duties to maintain a safe road and to warn of the hazard.
- Johnson v. St. Paul Mercury Insurance Company (Supreme Court of Louisiana 1970, 256 La. 289)✓A Shreveport guest passenger was injured when her host rear-ended a car in Arkansas; the court kept the place-of-the-wrong rule and applied the Arkansas guest statute, so article 2315's ordinary negligence standard did not govern the out-of-state accident.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Landlord-Tenant Recording Laws: Rights and Restrictions, Louisiana Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections, Louisiana GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 2316Negligence, imprudence or want of skillIn forcecited in 2 of our articles
Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Verdun v. Hebert (Louisiana Court of Appeal 2003, 848 So. 2d 138)“…o escape and cause him injury. Thus, he was negligent under La. Civil Code article 2316. Subsequently, Arcement and State Far…”
- Hickman Ex Rel. Iles v. Southern Pacific Transport Co. (Supreme Court of Louisiana 1972, 262 La. 102)“…ult contributed to his injury barring recovery from Fowler. La.Civil Code art. 2316. As Fletcher and Iles approached the…”
- Spott v. Otis Elevator Co. (Supreme Court of Louisiana 1992, 601 So. 2d 1355)“…ther obliges him by whose fault it happened to repair it. La.Civ.Code art. 2316 states: Every person is responsible f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3492Repealedcited in 12 of our articles
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 411 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Louisiana courts applied article 3492's one-year delictual period as running from the day damage is sustained. Harvey v. Dixie Graphics, Inc. (1992) held a claim prescribed once the plaintiff knowingly sustained appreciable damage. Bailey v. Khoury (2005) found no proof that earlier damage had manifested with sufficient certainty.
Opinions citing this section in our collection:
- Harvey v. Dixie Graphics, Inc. (Supreme Court of Louisiana 1992, 593 So. 2d 351)✓A businessman sued an accounting firm over a negligent tax return more than a year after the IRS told his advisers the return was wrong and he began paying accountant and lawyer fees; the Louisiana Supreme Court held appreciable harm started prescription under article 3492.
- Bailey v. Khoury (Supreme Court of Louisiana 2005, 891 So. 2d 1268)✓A mother sued doctors and pharmacies over birth defects tied to Depakote taken while pregnant; the Louisiana Supreme Court, applying article 3492's rule that prescription runs from the day damage is sustained, held the child's claim accrued only at live birth.
- David v. Our Lady of the Lake Hosp., Inc. (Supreme Court of Louisiana 2003, 849 So. 2d 38)✓A patient who contracted hepatitis C from a 1979 hospital transfusion sued in strict liability 20 years later; the Louisiana Supreme Court held the claim arose out of patient care and was prescribed under R.S. 9:5628, overruling cases that had routed such claims to article 3492.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Recording Laws (2026): One-Party Consent Rules, Louisiana Defamation Laws: Libel, Slander & Suing (2026), Louisiana Statute of Limitations: Filing Deadlines by Case Type
Louisiana Revised Statutes
§ 32:900"Motor Vehicle Liability Policy" definedIn forcecited in 2 of our articles
A. A "Motor Vehicle Liability Policy" as said term is used in this Chapter, shall mean an owner's or an operator's policy of liability insurance, certified as provided in R.S. 32:898 or 899 as proof of financial responsibility, and issued except as otherwise provided in R.S. 32:899, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured. B. Such owner's policy of liability insurance: (1) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and (2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each such motor vehicle as follows: (a) Fifteen thousand dollars because of bodily injury to or death of one…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 183 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bernard v. Ellis (Supreme Court of Louisiana 2012, 111 So. 3d 995)“…Imperial policy providing for liability coverage. However, La. R.S. 32:900(B)(2) provides, in pertinent part: Su…”
- Marcus v. Hanover Ins. Co., Inc. (Supreme Court of Louisiana 1999, 740 So. 2d 603)“…ability policy that contains liability limits as defined by La. R.S. 32:900(B)(2). Section 900(B)(2) provides that:…”
- Progressive SEC. Ins. Co. v. Foster (Supreme Court of Louisiana 1998, 711 So. 2d 675)“…ility insurance is sketched out in La.R.S. 32:861(A)(1) and La. R.S. 32:900. La. R.S. 32:861(A)(1) provides: Ever…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 22:1295Uninsured motorist coverageIn forcecited in 2 of our articles
The following provisions shall govern the issuance of uninsured motorist coverage in this state: (1)(a)(i) No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle designed for use on public highways and required to be registered in this state or as provided in this Section unless coverage is provided therein or supplemental thereto, in not less than the limits of bodily injury liability provided by the policy, under provisions filed with and approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover nonpunitive damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness, or disease, including death resulting therefrom; however, the coverage required under this Section is not applicable when any insured named in the policy either rejects coverage, selects lower limits, or selects economic-only coverage, in the manner provided in Item (ii) of this Subparagraph.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 32:900
Cited in 179 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bernard v. Ellis (Supreme Court of Louisiana 2012, 111 So. 3d 995)“…and thus statutorily entitled to UM coverage pursuant |3to La. R.S. 22:1295. 3 After a hearing, the city court d…”
- Gillmer v. Parish Sterling Stuckey (Louisiana Court of Appeal 2009, 2009 La.App. 1 Cir. 0901)“…that the trial court committed legal error in holding that La. R.S. 22:1295(6) serves only to provide a procedural…”
- Guillory v. Progressive Ins. (Louisiana Court of Appeal 2013, 12 La.App. 3 Cir. 1284)“…n the legislature described when it defined “new policy” in La.R.S. 22:1295(1)(a)(ii). It thus seems clear that t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32:866Compulsory motor vehicle liability security; failure to comply; limitation of damagesIn forcecited in 4 of our articles
A.(1) There shall be no recovery for the first one hundred thousand dollars of bodily injury and no recovery for the first one hundred thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security. (2) For purposes of this Section, the meaning of "bodily injury" and "property damage" is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto. (3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle: (i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense. (ii) Intentionally causes the accident. (iii) Flees from the scene of the accident. (iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Progressive SEC. Ins. Co. v. Foster (Supreme Court of Louisiana 1998, 711 So. 2d 675)“…o provisions of Act 1476 are pertinent herein. The first is La.R.S. 32:866, a newly enacted statute, which provide…”
- AK DURNIN CHRYSLER-PLYMOUTH v. Jones (Louisiana Court of Appeal 2002, 818 So. 2d 867)“…some of the various claims presented, namely the effect of La. R.S. 32:866. A hearing on the motion for partial su…”
- Rogers v. Commercial Union Ins. Co. (Louisiana Court of Appeal 2001, 1 La.App. 3 Cir. 0443)“…ry was prohibited by Louisiana's "no pay, no play" statute (La.R.S.32:866). 2. The trial court committed legal…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Louisiana (2026): Deadlines & Liability
§ 32:861Security requiredIn forcecited in 2 of our articles
A.(1) Every self-propelled motor vehicle registered in this state except those motor vehicles used as agricultural or forest vehicles during seasons when they are not used on the highway, those used primarily for exhibit or kept primarily for use in parades, exhibits, or shows, and lease-bound mobile rig haulers as defined in Subsection D of this Section, shall be covered by an automobile liability policy with liability limits as defined by R.S. 32:900(B)(2) or 900(M), or a binder for same, or by a motor vehicle liability bond as defined by Subsection B of this Section, or by a certificate of the state treasurer stating that cash or securities have been deposited or securitized with said treasurer as provided by Subsection C of this Section, or by a certificate of self-insurance as provided by R.S. 32:1042. (2)(a) It shall be the duty of the registered owner of a motor vehicle to maintain the security hereinabove required. Failure to maintain said security shall subject the registered owner to the sanctions provided in R.S. 32:863, 864, and 865.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 32:900
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Progressive SEC. Ins. Co. v. Foster (Supreme Court of Louisiana 1998, 711 So. 2d 675)“…ompulsory automobile liability insurance is sketched out in La.R.S. 32:861(A)(1) and La. R.S. 32:900. La. R.S. 32:…”
- Hearty v. Harris (Supreme Court of Louisiana 1991, 574 So. 2d 1234)“…e vehicle rather than to the operator. [8] Pursuant to La.R.S. 32:861(A), the owner of every motor vehicle re…”
- Simms v. Butler (Supreme Court of Louisiana 1997, 702 So. 2d 686)“…he public from damage caused by motor vehicles. Pursuant to La. R.S. 32:861 and 862, every owner of a motor vehicle…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13:5106LimitationsIn forcecited in 6 of our articles
A. No suit against the state or a state agency or political subdivision shall be instituted in any court other than a Louisiana state court. B.(1) The total liability of the state and political subdivisions for all damages for personal injury to any one person, including all claims and derivative claims, exclusive of property damages, medical care and related benefits and loss of earnings, and loss of future earnings, as provided in this Section, shall not exceed five hundred thousand dollars, regardless of the number of suits filed or claims made for the personal injury to that person. (2) The total liability of the state and political subdivisions for all damages for wrongful death of any one person, including all claims and derivative claims, exclusive of property damages, medical care and related benefits and loss of earnings or loss of support, and loss of future support, as provided in this Section, shall not exceed five hundred thousand dollars, regardless of the number of suits filed or claims made for the wrongful death of that person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 195 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Chamberlain v. State, Through DOTD (Supreme Court of Louisiana 1993, 624 So. 2d 874)“…g on general damages in a personal injury suit set forth in La.R.S. 13:5106(B)(1) is unconstitutional under La. Con…”
- Jacobs v. City of Bunkie (Supreme Court of Louisiana 1999, 737 So. 2d 14)“…ransp. and Development, 624 So.2d 874 (La.1993), found La. R.S. 13:5106(B)(1), limiting damage awards against t…”
- Lockett v. STATE, DOTD (Supreme Court of Louisiana 2004, 869 So. 2d 87)“…uestion of whether multiple $500,000 caps are allowed under La. R.S. 13:5106(B)(2) in wrongful death actions brought…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Slip and Fall Laws: Proving Premises Liability Under the Civil Code, Louisiana Wrongful Death Laws (2026): Deadlines
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The laws cited above reference these related sections in their own text:
- Louisiana Revised Statutes § 14:98 — Operating a vehicle while impaired view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- La. R.S. 32:900(B)(2) (minimum liability limits 15/30/25)(legis.la.gov).gov
- La. R.S. 22:1295 (UM/UIM offer and written rejection)(legis.la.gov).gov
- La. C.C. art. 3493.1 (2-year tort prescription, Act 423 of 2024, eff. July 1, 2024)(legis.la.gov).gov
- La. C.C. art. 2323 (comparative fault, modified-51 bar, Act 15 of 2025, eff. January 1, 2026)(legis.la.gov).gov
- La. R.S. 32:866 (no pay, no play, $100k/$100k bar, Act 16 of 2025, eff. August 1, 2025)(law.justia.com)
- Acts 2025, No. 15 (HB 431), enrolled: amends La. C.C. art. 2323(A), effective January 1, 2026, with no retroactivity provision(legis.la.gov).gov
- La. C.C. art. 6 (retroactivity of laws: substantive laws apply prospectively only absent contrary legislative expression)(legis.la.gov).gov
- La. R.S. 32:866 (no pay, no play; $100,000 bodily-injury and $100,000 property-damage bar), official Louisiana Legislature text(legis.la.gov).gov
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