Louisiana Fault Rule
Pure Comparative Negligence (1-Year Prescription): Louisiana enforces pure comparative negligence under Civil Code Article 2323, but subjects personal injury claims to one of the shortest deadlines in the US: a strict 1-year liberative prescription period.
Statute of Limitations
1 Year (La. Civ. Code art. 2323 & art. 3492): Claimants must finalize settlement agreements or initiate formal civil actions within 1 year of the collision date.
Statutory Insurance Minimums
15/30/25 ($15k bodily injury / $30k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Louisiana
When negotiating auto accident claims in Louisiana, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Louisiana Civil Code Article 2323, contributory fault diminishes proportionately the amount awarded as compensatory damages, allowing recovery even if the claimant is 90% at fault. However, under Louisiana Civil Code Article 3492, delictual actions are subject to a liberative prescription of 1 year commencing from the date of the accident, making prompt medical evidence compilation critical. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.