Louisiana Comparative Fault and Liability Standards

Claims with a Date of Loss on or before December 31, 2025, follow Pure Comparative Fault. Losses occurring after that date are subject to the new Modified Comparative Fault law, which bars recovery if the claimant is 51% or more at fault. If fault is less than 51%, damages are reduced proportionally.

Drivers under the influence of alcohol or drugs who are more than 25% at fault are barred from recovery. Additionally, since January 1, 2021, evidence regarding a party's failure to wear a seat belt is admissible in court.

Uninsured drivers are financially responsible for their own damages up to specific limits. Effective August 1, 2025, drivers failing to maintain compulsory insurance will be unable to collect the first $100,000 for injuries or property damage.