, you are required by state law to report an accident to law enforcement any time there is an injury, a death, or more than $500 worth of estimated property damages—though most car insurance policies require you to call the police after any and all motor accidents.

Car accidents are an experience we’d all like to avoid, but, unfortunately, they do happen—even to the best and most defensive drivers. In the aftermath of an accident, you might not think to prioritize filing an accident report, which makes knowing your state’s car accident laws beforehand even more important.

Here with everything you need to know about Louisiana car accident laws is the

car insurance

comparison tool and app you can trust,

Jerry

. We’ll go over how and when to report an accident, how personal injury lawsuits work, and what comparative fault means so that you’re prepared for whatever comes your way in the Bayou State.

Stick around until the end, and we'll even fill you in on how to save on

Louisiana car insurance costs

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What to do after a crash: Louisiana car accident reporting laws

Immediately following an accident

, take these steps to make sure that everyone in your vehicle is safe. You’ll need to move your vehicle, if possible, to a safe area off the main road, check yourself and your passengers for injuries, and call 911 if someone is hurt.

Once you’ve completed these necessary first steps, it’s important that you document the crash to the best of your ability by taking photographs. You’ll also need to exchange insurance information with any other drivers involved in the accident.

If you’re in an accident in Louisiana, you may be required to report the accident to the following parties:

To the police

At the DMV

By calling your insurance company

Next, let’s consider the sections of Louisiana car accident law that outline the requirements for accident reports.

MORE:

How do I get rid of accidents on my driving record?

When to report an accident to the police

In Louisiana, any time an accident results in an injury, the death of a passenger or pedestrian, or if there is more than $500 worth of estimated property damage, you are required by law to report the accident to local authorities.

Section 32-398

of the Louisiana Revised Statutes states that:

If the accident occurred in an incorporated city or town, you can report it to the local police department

If the accident took place outside of an incorporated city or town, you should report it to the nearest sheriff’s office or Louisiana state law enforcement station

If police were called to the scene, chances are that you won’t have to fill in an accident report as the officer(s) will take care of it.

When to report an accident to the DMV

In addition to filing a police report, Section 398 of the Louisiana Revised Statutes requires that drivers involved in an accident forward a copy of a written accident report to the Louisiana DPSC within 24 hours if the accident resulted in:

Injury to any of the parties involved

A fatality

Property damage over $100

To report the accident, you’ll need to fill out the Louisiana State Driver Safety Program

accident report form

and send it to the Louisiana

Office of Risk Management

at 1201 North 3rd Street, Baton Rouge, LA, 70802.

Regardless of where the accident took place, the form will require you to provide details on the time and date of the accident, descriptions of any and all injuries and/or damages to passengers or vehicles, and supporting documentation. You’ll also need to provide:

Your driver’s license number

Your vehicle’s make, model, and VIN

Names, addresses, and insurance information for all involved parties

MORE:

How long do you have to file a claim?

Financial responsibility and coverage minimums: Louisiana’s insurance laws

You may be wondering: what happens if you’re in an accident when you don’t have insurance?

Like most states, Louisiana requires its drivers to prove financial responsibility before taking to the streets, primarily through the purchase of car insurance. In Louisiana, drivers are required by law to carry a

state-mandated minimum level of coverage

with at least

15/30/25 liability insurance

limits. That means:

$15,000 of

bodily injury liability

per person

$30,000 of bodily injury liability per accident

$25,000 of

property damage liability

per accident

If you fail to purchase basic liability insurance coverage, or are unable to provide proof of insurance when stopped by law enforcement, you could face between $500 and $1,000 worth of fines in Louisiana. Driving without insurance could also result in having your driving privileges revoked for up to 18 months, having your vehicle impounded, your registration revoked, and/or your license plates canceled.

However, not every driver in Louisiana carries car insurance. A 2019 study by the

Insurance Information Institute (III)

showed that around 11.7% of Louisiana drivers don’t have car insurance.

If you’re part of the 88.3% of Louisiana drivers who do have insurance, you may run into a few snags should you find yourself involved in an accident with one of the state’s uninsured drivers. To avoid some of these issues you can (and should) invest in

uninsured/underinsured motorist coverage

MORE:

Car loan in Louisiana 2022

Claiming damages after an accident: Louisiana’s personal injury laws

In some cases, you may not be satisfied with the outcome of your insurance claim. If that’s the case, you may wish to open a personal injury lawsuit. Under

Article 2315

of Louisiana’s Civil Code, you have the legal right to claim damages associated with a car accident. Those damages include:

Economic damages: Medical bills, lost wages or employment, loss of use of property, burial expenses

Non-economic damages: Pain and suffering, mental suffering, inconvenience, humiliation

That being said, there is a time limit on how long you have to file a personal injury lawsuit in Louisiana. According to Louisiana Civil Code

Article 3492

, any lawsuit for injury or property damage has to be filed within one year of the accident in question.

Exceptions to Louisiana’s personal injury laws

There are a few cases where the Louisiana statute of limitations on a personal injury lawsuit can be extended, giving you more time to file a claim. These exceptions include:

If the driver was under 18 years old

If there were multiple at-fault parties

If the accident was caused by an unknown component of a defective product

MORE:

Can I use health insurance to cover car accident injuries?

Who’s to blame: Louisiana’s pure comparative negligence law

One of the biggest questions that follows any car accident is the question of fault. If you’re speeding on your way to work and get into an accident with another driver who was texting, it can be difficult to determine which of you is at fault for the accident and who is allowed to collect damages.

Louisiana is a pure comparative negligence state, meaning that it’s likely that both of you will be able to collect damages. Anyone involved in a car accident can get compensation in proportion to their level of fault—unless it’s determined that they were 100% at fault.

In our hypothetical accident, both you and the other imaginary driver were violating traffic laws, so that fault cannot lie 100% in either of your hands. In pure comparative negligence states, a court will determine a percentage of the fault to be attributed to each driver.

For example, let’s say that the court decides you are 35% at fault for the accident and that the other party is 65% at fault—in this case, you would be responsible for paying 35% of the other driver’s damages (medical bills and vehicle repairs) while the other driver would be on the hook for 65% of your damages. This would more than likely work out to the other driver paying 30% of your damages and you paying nothing.

Louisiana is just one of 12 states that follow a pure comparative negligence rule, also known as pure comparative fault. That’s good news for drivers—but keep in mind that the rules may change if you’re involved in an accident across state borders.

MORE:

What happens if you’re deemed at fault in an accident without car insurance?

How to save money on car insurance in Louisiana

Avoiding an accident altogether is ideal, especially when you consider that

your car insurance premium could go

up by 35% to as much as 80% in the aftermath of an accident in Louisiana. If you’ve been in an accident, however, you don’t have to resign yourself to high rates when you shop for a new

car insurance

policy using the #1-rated car insurance shopping app,

Jerry

Getting started with Jerry is simple: just download the app, answer a few short questions about your insurance history, and sit back as we scan quotes from 55+ top insurance providers and deliver the best deals to you!

On average, the savings add up to $800 or more for Jerry users who shop for insurance in the app.

“
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makes choosing new insurance as easy as grocery shopping. Even though I had a car accident within the past 2 years, Jerry found me a great deal with Nationwide–I went from paying $340 to $90 a month!”—Pan N.

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