Written by Kelley Dick, personal injury attorney at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/kelley-dick/
Louisiana law requires every driver to carry a minimum amount of liability insurance. Most drivers know they have to have it. What they often don’t know — until after a serious crash — is that Louisiana minimum car insurance requirements are almost never enough to pay for what a real injury actually costs. If you were hurt by a driver carrying only minimum limits in Louisiana, here’s what you’re facing and what options you have. Usually you have two years to pursue your claim under La. C.C. Art. 3493.1.
What Louisiana’s Minimum Car Insurance Requirements Actually Are
Louisiana’s compulsory auto liability limits are $15,000 per person for bodily injury, $30,000 per accident for bodily injury when multiple people are injured, and $25,000 for property damage. These are the legal floors — the least a driver can legally carry on Louisiana roads.
A single emergency room visit after a moderate car accident routinely costs $10,000 to $30,000 before any follow-up care, physical therapy, imaging, or specialist consultations. An injury requiring surgery can easily reach $75,000 to $150,000 or more. Against those numbers, $15,000 in coverage disappears immediately.
When the At-Fault Driver’s Limits Are Exhausted
If the at-fault driver’s $15,000 limit is paid out and your medical bills exceed that amount — which is common in any crash serious enough to cause lasting injury — you have limited options for the remainder. You can pursue the driver personally, but most minimum-coverage drivers don’t have significant personal assets. You can look to your own underinsured motorist coverage, which steps in when the at-fault driver’s limits are insufficient. In some cases, there may be additional liable parties whose insurance covers additional damages.
Why Your Own UM/UIM Coverage Is Your Best Protection
The most reliable protection against a minimum-coverage driver is the coverage on your own policy. Uninsured and underinsured motorist coverage — UM/UIM — pays when the at-fault driver has no insurance or not enough. If your UM/UIM limits are $100,000 and the at-fault driver’s liability pays $15,000, your UM/UIM may cover up to $115,000 max. That’s the practical difference between having your bills covered and absorbing them yourself. Our uninsured motorist attorneys handle these claims across all three markets.
Frequently Asked Questions
Can I sue the at-fault driver directly for damages beyond their insurance limits?
You can. But collecting a judgment against someone with minimal assets is a different challenge from winning that judgment. An attorney can evaluate whether personal assets exist and whether a lawsuit against the driver personally makes practical sense alongside your other recovery options.
Does Louisiana require UM/UIM coverage?
Louisiana requires insurers to offer UM/UIM coverage at limits equal to your liability limits. Drivers can reject this coverage in writing. Many do — often without understanding the exposure they’re accepting. If you’re unsure whether you have UM/UIM coverage, check your declarations page or visit our uninsured motorist page for more information.
If I was injured as a passenger, do the driver’s minimum limits apply to me?
The per-accident limit of $30,000 applies when multiple people are injured. If you and the driver were both injured, the $30,000 has to cover all bodily injury claims combined — which can further limit what’s available for your individual claim. This is another reason UM coverage on your own policy matters.