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This guide focuses on Lafayette, Louisiana, and the surrounding Lafayette Parish. Louisiana follows an at-fault auto insurance system, which means the driver who causes a crash is responsible for the resulting injuries and property damage. Claims are usually handled through insurance, but injured people may file a lawsuit when needed to recover full compensation. Louisiana law has several unique features that affect Lafayette residents, including a short one-year filing deadline for most injury and property damage claims, a direct-action right to sue some insurers, and specific rules for uninsured motorist coverage and medical billing evidence. Understanding these basics can help you protect your rights after a crash on I-10, I-49, Ambassador Caffery Parkway, or any local roadway.
You may want legal help when injuries are serious or symptoms worsen in the days after a crash, when fault is disputed, when more than two vehicles are involved, when a commercial truck, rideshare, or government vehicle is involved, or when an insurer delays, denies, or undervalues your claim. A lawyer can preserve evidence quickly, manage communications with insurers, calculate the full value of medical care, lost wages, and pain and suffering, and navigate Louisiana-specific rules like comparative fault and the direct-action statute. Legal counsel is also helpful for uninsured or underinsured motorist claims, hit-and-run crashes, drunk driving cases that may involve exemplary damages, and cases with complex medical liens or health insurance reimbursement issues. Early advice often prevents costly mistakes, especially given Louisiana’s short claim deadlines.
Fault and recovery: Louisiana is an at-fault state. You can seek compensation from the at-fault driver, that driver’s insurer, and sometimes your own insurer. Louisiana applies pure comparative fault, so your compensation is reduced by your percentage of fault, even if you are mostly at fault.
One-year deadline: Most personal injury and property damage claims arising from car accidents in Lafayette must be filed within one year from the date of the crash. Wrongful death claims are generally one year from the date of death. Some claims have special notice or service rules, especially those involving government vehicles, so act quickly.
Direct-action statute: Louisiana law often allows injured people to sue the at-fault driver’s liability insurer directly. This can affect where and how a case proceeds, and it can help in situations where the at-fault driver is difficult to locate or has limited assets.
Insurance minimums: Louisiana’s minimum auto liability limits are commonly 15,000 dollars per person for bodily injury, 30,000 dollars per crash total for bodily injury, and 25,000 dollars for property damage. Many crashes cost more than the minimums, so claims often require careful evaluation of all available coverage.
Uninsured and underinsured motorist coverage: Insurers must offer UM coverage in amounts equal to your liability limits unless you reject or select lower limits in writing on a state-approved form. If you did not properly reject it, UM coverage may still apply. UM can cover hit-and-run injuries and underinsured drivers.
Seat belt and evidence rules: Evidence of not wearing a seat belt may be admissible and can reduce damages under comparative fault. Recent reforms also affect what medical billing amounts can be shown at trial, often focusing on amounts paid or owed rather than the initial billed charges.
No-fault and PIP: Louisiana is not a no-fault state and generally does not use PIP. Some policies include medical payments coverage, which can help with medical bills regardless of fault.
Exemplary damages for drunk driving: In certain cases involving intoxicated drivers, Louisiana law may allow exemplary damages in addition to compensatory damages.
Police reports and reporting duties: Drivers must stop, exchange information, and render aid after a crash. Report collisions involving injury, death, or significant property damage to law enforcement. Prompt reporting to your insurer is usually required by your policy’s cooperation clause.
Property damage, repair, and valuation: You generally have the right to choose your own repair shop. If your car is a total loss, the insurer typically pays its actual cash value. You may also claim reasonable towing, storage, loss of use, and in some cases diminished value.
Call 911 for injuries, move to a safe area if you can, exchange information, and take photos or videos of vehicles, debris, skid marks, and surroundings. Ask for witness contact details. Seek medical evaluation even if you feel fine, since some injuries surface later. Notify your insurer promptly, but consider speaking with a lawyer before giving a recorded statement to the other driver’s insurer.
Louisiana’s general deadline is one year from the crash for injury and property damage claims. Wrongful death claims are typically one year from the date of death. Some claims, including those involving government entities, can have additional requirements. Act as soon as possible to preserve evidence and protect your rights.
Yes. Louisiana uses pure comparative fault. Your recovery is reduced by your percentage of fault. For example, if you are 20 percent at fault, your total damages are reduced by 20 percent.
No. You do not have to give the other insurer a recorded statement and you should not do so without legal advice. You must, however, cooperate reasonably with your own insurer under your policy.
Available damages may include medical expenses, future medical care, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, property damage, rental or loss-of-use, and potentially diminished value. In certain drunk driving cases, exemplary damages may be available.
You may have uninsured motorist coverage that can pay for injuries caused by a hit-and-run or uninsured driver. Report the crash to police promptly, seek medical care, and notify your insurer quickly to preserve UM rights.
UM coverage must be offered in amounts equal to your liability limits unless you reject or lower it in writing on a state-approved form. If you did not properly reject UM, it may still apply. UM can pay for injuries when the at-fault driver lacks enough coverage or cannot be identified.
It can. Evidence of seat belt nonuse may be admitted and can reduce your damages under comparative fault. Always wear a seat belt for safety and to protect your legal position.
Recent changes allow courts to consider amounts actually paid or owed for medical care, not just the initial billed charges. Health insurers, Medicare, or Medicaid may have reimbursement rights. An attorney can help maximize your net recovery after liens and reimbursements.
Property damage claims can resolve within weeks, while injury claims often take several months or more, depending on medical treatment, liability disputes, insurance limits, and whether a lawsuit is filed. Complex cases can take a year or longer, but early legal work can streamline the process.
Lafayette Police Department and Lafayette Parish Sheriff’s Office for crash reports and local enforcement assistance. Louisiana State Police Troop I for highway crash reports and records requests. Lafayette City Court and the 15th Judicial District Court for filings and case information. Lafayette Parish Clerk of Court for public records and civil filings. Louisiana Office of Motor Vehicles for driving records and crash reporting guidance. Louisiana Department of Insurance Consumer Affairs for insurance complaints and consumer assistance. Louisiana State Bar Association Lawyer Referral and Information Service for help finding a licensed attorney. Acadiana Legal Service Corporation for qualifying low-income civil legal help. Local hospitals and trauma centers, including Ochsner Lafayette General Medical Center and Our Lady of Lourdes, for evaluation and records of injury.
Prioritize medical care and follow your doctor’s instructions. Start a file with the police report number, insurance information, photographs, medical records, and all receipts. Do not post about the crash on social media and avoid giving a recorded statement to the other driver’s insurer. Notify your own insurer promptly and comply with policy requirements.
If you think you may need legal help, contact a Lafayette-based personal injury attorney for a free consultation. Ask about experience with Louisiana’s one-year deadline, comparative fault disputes, UM claims, commercial vehicle cases, and trial experience in the 15th Judicial District Court. Bring your policy declarations page, any UM or medical payments information, medical paperwork, repair estimates, and correspondence from insurers. Many injury lawyers work on a contingency fee, meaning you pay attorney fees only if they recover money for you. Acting quickly preserves evidence like surveillance footage and vehicle event data and helps protect your rights under Louisiana law.
