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 C.C. Art. 3493.1 (enacted by Acts 2024, No. 423, which repealed former Art. 3492).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. Damages and Public-Defendant Limit

For an ordinary collision claim against a private driver, identify all supported economic and non-economic damages. If the defendant is the state, a state agency, or a political subdivision, La. R.S. 13:5106(B)(1) limits total liability for personal injury damages, including derivative claims, to $500,000 per injured person, excluding property damage, medical care and related benefits, and loss of past or future earnings as specified there. Apply the limit to the actual defendant and damage categories before stating a demand.

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 — La. R.S. 32:232
☐ Running a stop sign — La. R.S. 32:123
☐ 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. Statutory Violation and Negligence

Your insured violated [identify the applicable traffic provision and conduct]. That violation supports our negligence claim to the extent the provision's purpose and scope encompass this collision and the resulting injury. The violation alone does not establish civil liability. Doe v. Mckesson, 2021-CQ-00929 (La. 3/25/22), slip op. at 9 n.10.

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, legal interest on any tort judgment from the date of judicial demand under La. R.S. 13:4203, 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) addresses payment of an amount due an insured after satisfactory proofs of loss. The percentage-or-$1,000 penalty in § 1892(B)(1)(a) is payable to the insured. Our client is a third-party claimant against your insured, so this letter does not demand that penalty on our client's behalf. Any distinct remedy for this client must be evaluated under the applicable statutory provision and the facts of this claim.

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 good-faith framework in La. R.S. 22:1892(I). Subsections B and I have distinct elements, measures, and prerequisites. Act 932 of 2026 amended Subsection I; apply the version governing the claim and conduct at issue, including its limits on specified injury claims.

Review any supported breach of the applicable Subsection I duties, including:
☐ Failing to pay a settlement within thirty days after the agreement is reduced to writing
☐ Misrepresenting pertinent facts, applicable policy provisions, or the claimant's prescriptive period
☐ Failing to make a reasonable effort to settle the claim with the insured or claimant

Please evaluate this claim and respond in good faith. Any claim for economic damages, penalties, or attorney fees must satisfy the applicable statutory prerequisites and belong to a claimant authorized to recover them.

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. We reserve any remedy independently available to our client under applicable law.

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, the claimant's status, and the 2026 Act 932 amendment to Subsection I
☐ 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: Check the policy and selection form. La. R.S. 22:1295(1)(a)(i)-(ii) provides coverage by default, but permits the named insured to reject it, select lower limits, or select economic-only coverage on the commissioner's prescribed signed form.
☐ 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 32:851 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