Auto Accident Demand Letter - Louisiana

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF LOUISIANA

[________________________________]
Attorneys at Law
[________________________________]
[________________________________], Louisiana [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

[________________________________]
[________________________________]
[________________________________]
[________________________________], [____] [____]

RE: SETTLEMENT DEMAND — MOTOR VEHICLE COLLISION
Our Client: [________________________________]
Date of Loss: [__/__/____]
Your Insured: [________________________________]
Policy Number: [________________________________]
Claim Number: [________________________________]
Date of Birth: [__/__/____]
Social Security No. (last 4): XXX-XX-[____]

Dear [________________________________]:

This firm represents [________________________________] ("Claimant") in connection with the motor vehicle collision that occurred on [__/__/____] in [________________________________] Parish, Louisiana. This letter constitutes a formal demand for settlement of all claims arising from this incident. Please direct all further communications regarding this matter to our office.

I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Prescriptive Period (Statute of Limitations)

Effective July 1, 2024, the prescriptive period for delictual actions is two (2) years from the date the injury or damage was sustained, pursuant to La. C.C. Art. 3493.1 (enacted by Acts 2024, No. 423, which repealed former Art. 3492). This provision applies prospectively to causes of action arising on or after July 1, 2024. Claims arising before that date remain subject to the prior one-year prescriptive period under former Art. 3492.

The prescriptive period in this matter expires on [__/__/____].

B. Comparative Fault (Modified 51% Bar Effective January 1, 2026)

Current La. C.C. art. 2323 imposes a 51% claimant-fault bar: a claimant whose fault causing the injury, death, or loss is 51% or greater may not recover; below 51%, recoverable damages are reduced in proportion to fault. The 2025 Act 15 amendment became effective January 1, 2026. Counsel must determine which version governs this claim; Act 15 itself states the effective date but does not make the filing date the applicability test.

Our client bears no fault whatsoever for this collision.

C. Direct Action Against Insurers

La. R.S. 22:1269, as amended by Act 275 of 2024, generally does not permit an injured party to name a liability insurer directly unless one of the circumstances listed in § 22:1269(B)(1) applies. Those circumstances include insured bankruptcy or insolvency, unsuccessful service or refusal to defend, specified intra-family claims, UM coverage, the insured's death, and specified coverage disputes. This demand is addressed to [________________________________] as liability insurer for [________________________________], but direct party status in any lawsuit must be separately established.

D. Louisiana Civil Law System

Louisiana is the only state that operates under a civil law system derived from the Napoleonic Code. Liability arises under La. C.C. Art. 2315 (general obligation for acts causing damage) and La. C.C. Art. 2316 (negligence), rather than common-law tort principles.

E. No Damage Caps on Compensatory Damages

Louisiana does not impose statutory caps on compensatory damages in automobile accident personal injury cases. Both economic and non-economic damages are fully recoverable.

F. Minimum Insurance Requirements

Louisiana law requires minimum liability coverage of $15,000 per person / $30,000 per accident for bodily injury and $25,000 for property damage (15/30/25) under La. R.S. 32:900.

II. DIRECT ACTION NOTICE

This claim is presented to [________________________________] as the liability insurer of [________________________________]. If a circumstance listed in La. R.S. 22:1269(B)(1) applies, our client reserves the right to name the insurer as authorized by that statute. Otherwise, suit will proceed against the insured, subject to post-judgment or settlement joinder under § 22:1269(D).

III. PRESERVATION OF EVIDENCE DEMAND

You are hereby placed on notice to preserve all evidence related to this claim, including but not limited to:

☐ Complete claims file, including all adjuster notes, correspondence, and evaluations
☐ All photographs, videos, and surveillance footage
☐ All recorded or written statements from any party or witness
☐ Vehicle inspection reports, repair estimates, and salvage records
☐ Event Data Recorder (EDR) / "black box" data from the insured vehicle
☐ Cell phone records of the insured driver at the time of the collision
☐ Employment and driving records of the insured driver
☐ Any and all insurance policy documents, including declarations pages and endorsements

Spoliation of any evidence may result in an adverse inference instruction at trial and independent sanctions under Louisiana law.

IV. STATEMENT OF FACTS

On [__/__/____], at approximately [____] [a.m./p.m.], our client was [________________________________] on [________________________________] in [________________________________] Parish, Louisiana. At that time, your insured, [________________________________], was operating a [____] [________________________________] (VIN: [________________________________]).

[________________________________]
[Describe the collision in detail, including road conditions, weather, traffic signals/signs, direction of travel, point of impact, and the at-fault driver's specific negligent conduct]
[________________________________]

The [________________________________] [Louisiana State Police / Sheriff's Office / Municipal Police] responded to the scene and prepared Crash Report No. [________________________________]. The report [________________________________] [describe findings, citations issued, fault determination].

V. LIABILITY ANALYSIS

A. Defendant's Negligence

Your insured breached the duty of care owed to our client by:

☐ Failing to maintain a proper lookout — La. R.S. 32:58
☐ Following too closely — La. R.S. 32:81
☐ Failing to yield the right of way — La. R.S. 32:121 et seq.
☐ Speeding / exceeding a safe speed for conditions — La. R.S. 32:64
☐ Running a red light or stop sign — La. R.S. 32:232
☐ Improper lane change — La. R.S. 32:79
☐ Prohibited use of a wireless telecommunications device — La. R.S. 32:59
☐ Driving under the influence — La. R.S. 14:98
☐ Other: [________________________________]

B. Comparative Fault Analysis

Under Louisiana's comparative fault regime (La. C.C. Art. 2323), our client bears zero percent (0%) fault for this collision. The evidence, including the police report, witness statements, and physical evidence, conclusively establishes that your insured was solely responsible.

C. Negligence Per Se

Your insured's violation of [________________________________] constitutes negligence per se under Louisiana law. Bujol v. Entergy Servs., Inc., 2003-0492 (La. 5/25/04), 922 So.2d 1113.

VI. MEDICAL TREATMENT SUMMARY

Our client sustained the following injuries as a direct and proximate result of this collision:

A. Emergency / Immediate Treatment

B. Ongoing Treatment

C. Diagnosis Summary

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

D. Prognosis

[________________________________]
[Describe treating physician's prognosis, permanency opinions, future treatment recommendations]

VII. ITEMIZED MEDICAL EXPENSES

Estimated Future Medical Expenses

VIII. LOST WAGES AND EARNING CAPACITY

Employer: [________________________________]
Position: [________________________________]
Rate of Pay: $[________] per [hour/week/month/year]

☐ Employer verification letter enclosed
☐ Tax returns / pay stubs enclosed
☐ Lost earning capacity claim: $[________] [if applicable]

IX. PROPERTY DAMAGE

X. PAIN AND SUFFERING / GENERAL DAMAGES

Our client has endured significant pain and suffering as a result of this collision, including but not limited to:

☐ Physical pain and suffering (past and ongoing)
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Inconvenience and disruption of daily activities
☐ Scarring and/or disfigurement
☐ Humiliation and embarrassment
☐ Fear and anxiety related to driving and travel
☐ Sleep disruption and fatigue
☐ Loss of consortium (if applicable — spouse: [________________________________])

General Damages Claimed: $[________]

XI. LOSS OF CONSORTIUM

[If applicable:]

Claimant's spouse, [________________________________], has suffered a loss of consortium as a direct result of the injuries sustained. Under Louisiana law, loss of consortium is a separately compensable element of damage. Ferrell v. Fireman's Fund Ins. Co., 94-1252 (La. 2/20/95), 650 So.2d 742.

Loss of Consortium Claimed: $[________]

XII. TOTAL DAMAGES SUMMARY

XIII. SETTLEMENT DEMAND

Based upon the foregoing, we hereby demand the sum of:

$[________________________________]

This demand is open for thirty (30) days from the date of this letter, expiring on [__/__/____].

This demand represents a good-faith evaluation of the full value of our client's claims. Should this matter proceed to litigation, we will seek all available damages, including court costs, interest from date of judicial demand (La. C.C. Art. 2000), and attorney fees where applicable.

XIV. BAD FAITH WARNING

La. R.S. 22:1892 — Failure to Timely Pay Claims

La. R.S. 22:1892(A)(1) requires payment of an amount due an insured within thirty days after receipt of satisfactory proofs of loss. Under § 1892(B)(1)(a), an arbitrary, capricious, or without-probable-cause failure covered by that provision may expose the insurer to the greater of the statutory fifty-percent measure or $1,000, plus proven economic damages, reasonable attorney fees, and costs.

La. R.S. 22:1892 — Duty of Good Faith and Fair Dealing (Consolidated)

Effective July 1, 2024, Acts 2024, No. 3 repealed former La. R.S. 22:1973 and placed the current good-faith framework in La. R.S. 22:1892(I). Subsections B and I have distinct elements, measures, and prerequisites. Act 932 of 2026 is scheduled to amend Subsection I effective August 1, 2026; apply the version governing the claim and conduct at issue.

Bad faith conduct includes, but is not limited to:
☐ Failing to pay a settlement within thirty (30) days of agreement
☐ Arbitrarily or capriciously failing to pay a claim
☐ Misleading the claimant as to applicable policy provisions
☐ Failing to make a reasonable effort to settle claims in which liability is reasonably clear

Your company is on notice that failure to respond to this demand in good faith may result in the imposition of statutory penalties and attorney fees.

XV. COLLATERAL SOURCE RULE

For claims governed by the version of La. R.S. 9:2800.27 effective January 1, 2026, recoverable past medical expenses depend on the statutory payment category. The statute separately addresses contracted providers paid by health insurance or Medicare, Medicaid, workers' compensation payments, other amounts paid or owed, and attorney-negotiated provider reductions. Calculate this demand from payment records, explanations of benefits, balances owed, liens, and guarantees rather than automatically using billed charges.

XVI. ENCLOSED DOCUMENTS

☐ Medical records and bills from all treating providers
☐ Police/crash report
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Employer verification of lost wages
☐ Property damage estimates/repair invoices
☐ Witness statements (if available)
☐ Medical narrative / IME report (if available)
☐ [________________________________]

XVII. RESPONSE REQUESTED

Please confirm receipt of this demand letter and provide a substantive response within thirty (30) days. Failure to respond will be considered a rejection of this demand, and we will proceed accordingly, including filing suit against the insured and, only where § 22:1269(B)(1) authorizes it, the insurer, while seeking any penalties and fees available under La. R.S. 22:1892 (and, for pre-July 1, 2024 losses, former La. R.S. 22:1973).

Respectfully submitted,

[________________________________]
Attorneys for [________________________________]

By: _________________________________
[________________________________]
Louisiana Bar Roll No. [________________________________]
[________________________________]
[________________________________], Louisiana [____]
Telephone: [________________________________]
Email: [________________________________]

LOUISIANA PRACTICE NOTES AND CHECKLIST

☐ Prescriptive Period: Two (2) years for actions arising on or after July 1, 2024 (La. C.C. Art. 3493.1, enacted by Act No. 423 of 2024; former Art. 3492 repealed); one (1) year for pre-July 2024 claims
☐ Comparative Fault: Current La. C.C. art. 2323 bars recovery at 51%+ claimant fault and proportionally reduces recovery below 51%. The 2025 Act 15 amendment became effective 1/1/2026, but the Act does not state a categorical cause-of-action applicability rule; counsel must determine which version governs the claim.
☐ Direct Action Statute: La. R.S. 22:1269 generally bars naming the liability insurer directly unless a § 22:1269(B)(1) circumstance applies; otherwise post-judgment or settlement joinder is governed by subsection (D)
☐ Payment / Good Faith / Penalties: La. R.S. 22:1892; analyze Subsections B and I separately and account for the scheduled Act 932 change effective August 1, 2026
☐ Past Medical Expenses: Apply the version of La. R.S. 9:2800.27 governing the claim and the applicable statutory payment category
☐ UM/UIM Coverage: Mandatory minimum coverage; important subrogation and notice rules under La. R.S. 22:1295
☐ Civil Law System: Louisiana uses the Civil Code framework (not common law); terminology differs (e.g., "prescription" not "statute of limitations," "delictual" not "tortious")
☐ Survivorship and Wrongful Death: La. C.C. Art. 2315.1 (survivorship) and La. C.C. Art. 2315.2 (wrongful death) if applicable
☐ Government Entity Claims: If government vehicle involved, verify immunity and claims procedures under La. R.S. 13:5101 et seq.
☐ Minimum Insurance: $15,000/$30,000/$25,000 (La. R.S. 32:900)

SOURCES AND REFERENCES

• Louisiana Civil Code Articles 2315, 2316, 2323, 3493.1
• La. R.S. 22:1892 — Payment, good-faith duties, and penalties: https://legis.la.gov/legis/Law.aspx?d=509041
• 2026 La. Act 932 — Scheduled amendment to La. R.S. 22:1892: https://legis.la.gov/LEGIS/ViewDocument.aspx?d=1481840
• La. R.S. 9:2800.27 — Recoverable past medical expenses: https://legis.la.gov/legis/Law.aspx?d=1188021
• La. R.S. 32:59 — Wireless telecommunications devices: https://legis.la.gov/Legis/law.aspx?d=1429150
• Louisiana Revised Statutes 22:1269 and 32:58 et seq.
• Louisiana Revised Statutes 32:681 et seq. (Motor Vehicle Safety Responsibility)
• Act No. 423 of 2024 Regular Session (extending prescriptive period to two years)
• Louisiana Legislature: https://www.legis.la.gov