What to Do After a Car Accident in Louisiana
A car accident can happen in a matter of seconds. What you do in the minutes, hours, and days afterward can have a direct impact on your health and your ability to recover fair compensation. Louisiana has its own laws governing fault, insurance, and deadlines that make the steps you take after a crash especially important.
This page walks you through exactly what to do after a car accident in Louisiana. If you have questions about your specific situation, call Mansfield Melancon Injury Lawyers at 888-601-0127 or contact us online for a free case review. We serve injured clients from our offices in Baton Rouge, New Orleans, and Lafayette.
Steps to Take After a Car Accident in Louisiana
The moments after a crash are chaotic. Work through these steps in order to protect yourself and your claim.
Step 1: Check for Injuries and Call 911
Check yourself and your passengers for injuries before anything else. Call 911 regardless of how serious the crash appears. Louisiana law requires you to report any accident involving injury, death, or property damage over $500. A police report is one of the most important documents in a personal injury claim — do not leave the scene before law enforcement arrives and clears you to go.
Step 2: Move to Safety if You Can
If your vehicle is drivable and the crash happened in a dangerous position — on a highway, in an intersection, or in active traffic — move it to the shoulder or a nearby parking lot. Turn on your hazard lights. Do not stand in the road while waiting for police.
Step 3: Exchange Information
Get the other driver’s full name, phone number, address, driver’s license number, license plate number, and insurance information. Note the make, model, and color of their vehicle. Do not rely solely on the police report — information sometimes gets recorded incorrectly, and having your own record is important.
Step 4: Document Everything at the Scene
Take photos and video before vehicles are moved if possible. Photograph all vehicles from multiple angles, the point of impact, all visible damage, skid marks, road conditions, traffic signs or signals, and any visible injuries. Photograph the position of each vehicle relative to the road and nearby landmarks. More documentation is always better than less.
Step 5: Get Witness Information
Look around for bystanders who saw the crash. Get their name and phone number before they leave. Eyewitness accounts can be critical, especially when fault is disputed, and witnesses rarely stay at the scene for long.
Step 6: Do Not Admit Fault or Apologize
Even saying “I’m sorry” at the scene can be used against you. Louisiana follows a pure comparative fault rule, meaning any statement that implies partial responsibility can reduce your recovery. Stick to the facts when speaking with police. Do not speculate about what happened or who caused the crash.
Step 7: Seek Medical Attention — Even If You Feel Fine
See a doctor as soon as possible after any accident, even if you feel okay. Many common crash injuries — whiplash, soft tissue damage, traumatic brain injuries, and internal bleeding — have delayed onset symptoms that may not appear for hours or days. Gaps in medical treatment are one of the most common arguments insurers use to minimize your claim.
Step 8: Report the Accident to Your Insurance Company
Notify your own insurance company promptly. Be factual and brief. You are not required to give a recorded statement to the other driver’s insurance company, and you should not do so without speaking to an attorney first.
Step 9: Do Not Sign Anything from the Insurance Company
If the other driver’s insurer contacts you with a settlement offer, do not sign anything. Early settlement offers are almost always lower than what your case is actually worth. Once you sign a release, you cannot go back and ask for more — even if your injuries turn out to be more serious than you initially realized.
Step 10: Contact a Louisiana Car Accident Lawyer
Before you give any recorded statements, accept any offers, or deal further with the insurance company, speak with an attorney. A Louisiana car accident lawyer can evaluate your case, explain your rights under Louisiana law, and handle negotiations on your behalf. The consultation is free, and you pay nothing unless we win.
What Not to Do After a Car Accident in Louisiana
Mistakes made in the hours and days after a crash can cost you. Here are the most common ones.
Do not leave the scene
Leaving the scene of an accident involving injury or property damage is a crime in Louisiana. Even if the other driver leaves first, stay put, call 911, and wait for police.
Do not post about the accident on social media
Anything you post publicly — including photos, comments, or check-ins — can be found by the insurance company’s attorneys and used to challenge your injuries or your version of events. Say nothing online until your case is resolved.
Do not ignore symptoms
If you feel pain, stiffness, headaches, dizziness, or any other symptoms in the days after your crash, see a doctor immediately and document everything. Delayed symptoms are common after car accidents and can indicate serious underlying injuries.
Do not handle it alone if you were injured
If you suffered any injury at all, the insurance company already has a team working to minimize what they pay you. Getting your own legal representation levels the playing field.
Louisiana Car Accident Laws You Need to Know
Louisiana has specific laws that affect your car accident claim. Here is what matters most.
Louisiana’s Statute of Limitations: 2 Years
In Louisiana, you generally have two years from the date of your accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to recover compensation entirely. Do not wait to speak with an attorney.
Pure Comparative Fault
Louisiana follows pure comparative fault, which means you can recover damages even if you were partially at fault for the accident. However, your recovery is reduced by your percentage of fault. If you were found 20% at fault, you recover 80% of your damages. Insurance companies use this rule aggressively to assign you more fault than you deserve.
Mandatory Insurance Requirements
Louisiana drivers are required to carry minimum liability insurance: $15,000 per person / $30,000 per accident for bodily injury, and $25,000 for property damage. See our full guide to Louisiana minimum car insurance requirements for what these limits mean in practice. If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage may be the key to your recovery.
Louisiana’s Direct Action Statute
Louisiana has a direct action statute that allows accident victims to sue an at-fault driver’s insurance company directly — not just the driver. This can be an important tool in your case and is one of the ways Louisiana law differs from most other states.
When Should I Call a Car Accident Lawyer in Louisiana?
You should call a car accident attorney immediately if any of the following apply:
- You or anyone in your vehicle was injured
- The other driver was uninsured or underinsured
- Fault is disputed
- You received a settlement offer from the insurance company
- The police report contains errors
- You missed work or have mounting medical bills
- The accident involved a commercial vehicle, truck, or rideshare driver
Even if you are not sure whether you have a claim, a free consultation costs you nothing and gives you the information you need to make the right decision.
Frequently Asked Questions About Car Accidents in Louisiana
Do I have to call the police after a car accident in Louisiana?
Yes, if the accident resulted in injury, death, or property damage over $500. Louisiana law requires you to report the accident and remain at the scene until police arrive. A police report also creates an official record that is essential to your claim.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured, you may be able to recover through your own uninsured motorist (UM) coverage. Louisiana requires insurers to offer UM coverage, though drivers can waive it in writing. If you waived it, recovery options become more limited. An attorney can help you identify every available source of compensation.
What if I was partially at fault for the accident?
You can still recover compensation under Louisiana’s pure comparative fault rule. Your damages are reduced proportionally by your percentage of fault. For example, if you are found 25% at fault and your total damages are $100,000, you recover $75,000. Insurance adjusters will work to assign you more blame than is fair — an attorney protects your interests.
How long do I have to file a car accident claim in Louisiana?
Generally two years from the date of the accident. Certain exceptions apply — claims against government entities have much shorter deadlines, sometimes as few as 90 days. Do not wait to speak with an attorney.
Do I need a lawyer if the insurance company already offered me a settlement?
Yes. Early settlement offers are almost always less than your case is worth. Once you accept and sign a release, you cannot recover additional compensation even if your injuries worsen or new costs arise. An attorney will evaluate the offer, advise you on whether it is fair, and negotiate for more if it is not.
What damages can I recover after a car accident in Louisiana?
You may be entitled to economic damages — medical bills, future medical expenses, lost wages, reduced earning capacity, and property damage — and non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available.
How much does a car accident lawyer cost in Louisiana?
Nothing upfront. Mansfield Melancon handles car accident cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If we win your case or reach a settlement, you pay an agreed percentage of the recovery. If we do not win, you owe us nothing.
Contact Mansfield Melancon After a Car Accident in Louisiana
Call us before you talk to the insurance company again. The consultation is free, and knowing where you stand costs you nothing. Call 888-601-0127 or contact us online to get started today. Our attorneys serve clients in Baton Rouge, New Orleans, and Lafayette.
