ACT 15 – Modified Comparative Fault

Effective January 1, 2026

• Switches Louisiana from a pure to a modified comparative fault system.
• Plaintiffs found 51% or more at fault are barred from recovery.
• Those less than 51% at fault may recover damages, reduced proportionally.
• Juries must be instructed on this rule when comparative fault is at issue.

ACT 16 – Increased Penalties for Uninsured Drivers

• Uninsured drivers cannot recover the first $100,000 of bodily injury or property damage, regardless of fault.
• If awarded $100,000 or less, they are responsible for all court costs incurred by all parties.
• Insurers maintain the right to subrogation above this threshold.

ACT 17 – Damage Limits for Unauthorized Aliens

• Bars unauthorized immigrants from recovering general damages or lost wages in automobile accident cases.
• Exception: Does not apply if the person is named on a UM/UIM insurance policy.

ACT 18 – No Presumption of Causation

• Overrules Housley v. Cerise (1991).
• Eliminates the presumption that a lack of prior injury proves the incident caused harm.
• Applies to personal injury cases outside of workers' compensation.
• Applies prospectively only (for future incidents).