I just moved to Louisiana. Recently, I overheard my coworkers saying the state was a comparative negligence state. What does the term mean? How does it affect me?

Jamie

Shreveport, LA

When vehicular accidents happen, the first question that pops into people’s heads is: “Will my automotive insurance cover the damage?” Jamie, the answer to this question depends on which state you live in, what your car insurance coverage is and whether or not it was your fault. The policy varies depending on your location. For example, in some states, if you are the slightest bit at fault, the insurance company will not pay for the damages to your car or any injury you may have incurred. If I am not mistaken, this is called pure contributory negligence. You are either at fault or you’re not. This is a very strict system which I believe only five states currently follow.

If your co-workers refer to Louisiana as a comparative negligence state, that means the state takes into consideration the extent of your so-called negligence. After an accident, your automobile insurance company may conduct an investigation and send an adjuster to determine how much you were at fault and how much you are entitled to receive. The good news is this is negotiable. There aren’t fixed mathematical formulas to arrive at the figures. So get yourself a standard auto insurance and hire a good lawyer. Then again, nothing beats simply driving safely.

What will happen if you get involved in a car accident and you do not have car insurance in the state of Louisiana?

Denver

Monroe, LA

If you do not have car insurance on your motor vehicle at the time of the accident, the “No Pay, No Play” law would then apply in Louisiana. That is, a person who does not have car liability insurance, no matter who is at fault, cannot collect for the first $10,000 of damages in an accident.

If you were at fault in the accident then I am sorry to tell you but of course you would have no insurance to make a claim through therefore you will likely be held personally responsible for the damages that you caused to the other party.

In Louisiana, the penalties for driving uninsured if you are cited by Louisiana law enforcement is that the vehicle can be impounded, you may be hit with fines and administrative fees, registration and license plates (tags) can be suspended or revoked as well.