Louisiana car accident statute of limitations under the new two-year rule
Get the Louisiana car accident statute of limitations checked for your crash on a free call.
Louisiana used to give crash victims just one year to sue. For injury or damage sustained from July 1, 2024 on, you get two years under Civil Code article 3493.1. The state also changed its fault rule on January 1, 2026, so older advice online may be wrong.
The deadlines in Louisiana
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years from the day of injury | La. Civ. Code art. 3493.1 |
| Car or property damage lawsuit | Two years | La. Civ. Code art. 3493.1 |
| Shared fault | No recovery at 51 percent or more | La. Civ. Code art. 2323 |
| Minimum liability cover | $15,000 / $30,000 / $25,000 | La. R.S. 32:900 |
| Driving uninsured | Lose the first $100,000 of each claim | La. R.S. 32:866 |
| Wrongful death lawsuit | 1 year from death or 2 from injury, the later | La. Civ. Code art. 2315.2 |
What starts the Louisiana clock and what does not stop it
Louisiana calls its deadline “prescription,” which means the time limit to sue. It starts the day the injury or damage happens, not the day you learn the repair bill. Calls with an adjuster do not hold it back.
If a crash victim later dies, the family gets one year from the death or two years from the injury. Whichever ends later controls, under article 2315.2. Claims against the state face a $500,000 cap on general damages per person, under R.S. 13:5106.
Louisiana’s 51 percent fault bar
Since January 1, 2026, article 2323 works like this. At 50 percent or less of the blame, your award shrinks by your share. At 51 percent or more, you get nothing. For an older crash, ask a lawyer which version applies.
No pay, no play: your own policy matters here
Louisiana punishes drivers who skip insurance. If you had no liability cover when you were hit, R.S. 32:866 blocks the first $100,000 of your injury loss. The same goes for the first $100,000 of car damage. The bar lifts if the other driver was convicted of drunk driving, fled or crashed on purpose.
The legal minimum is only $15,000 per person, $30,000 per crash and $25,000 for property, per R.S. 32:900. A hospital stay can use that up in days.
Talking to a Louisiana car accident lawyer before month 20
Two years shrink fast once records, repair estimates and a slow adjuster eat into them. An attorney can match the right deadline and fault rule to your crash date, then file in time. The call is free and the lawyer is paid only if you win.
Other states: Texas, Arkansas, Mississippi or every state on one page.
Louisiana car accident statute of limitations questions
Is it still one year to sue after a Louisiana car accident?
Not for injury or damage sustained on or after July 1, 2024. Those crashes get two years under article 3493.1.
Can I recover in Louisiana if the crash was partly my fault?
Yes, if you were 50 percent or less at fault. Your share comes off the award. At 51 percent you recover nothing.
What happens if I had no insurance when someone hit me?
You lose the first $100,000 of injury damages and of property damage. Exceptions cover a drunk, fleeing or deliberate driver.
Before the clock runs out
In Louisiana a 51 percent share of blame wipes out the claim and adjusters know it. Call before you sign a release and a lawyer will check your deadline and offer free.
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