Louisiana’s New Law Creates Two-Tiered Justice System for Undocumented Accident Victims

Louisiana has enacted a new law that significantly impacts the rights of undocumented immigrants involved in car accidents, potentially creating a two-tiered justice system. This legislation, which took effect on August 1, 2025, limits the damages that undocumented immigrants can recover after a car accident, raising concerns about fairness and equal protection under the law. According to recent reports, this law is part of a broader legislative effort to overhaul auto insurance claims in Louisiana, a state grappling with the highest average car insurance premium in the nation, standing at $2,883 annually.

Understanding the New Law: Civil Code Article 2315.12

On June 17, 2024, Governor Jeff Landry signed House Bill 436 into law, which is now Civil Code Article 2315.12. This law specifically targets “unauthorized aliens,” defined as individuals unlawfully present in the United States according to federal immigration law (8 U.S.C. § 1101 et seq.). The key provision of this law is that if an unauthorized alien is injured in a car accident, they are prohibited from recovering certain types of damages.

Specifically, the law states that undocumented immigrants cannot be awarded “general damages and past and future wages” resulting from a car accident. General damages are those that cannot be easily quantified, such as:

Pain and suffering
Emotional distress
Disfigurement
Loss of enjoyment of life
Mental anguish

This means that while an undocumented accident victim can still sue for medical bills and vehicle damage, they are stripped of the right to be compensated for the very things that make an injury a life-altering event.

The Exception: Uninsured/Underinsured Motorist (UM/UIM) Policies

There is an important exception to this law. The limitations on damages do not apply to claims filed under an uninsured or underinsured motorist (UM/UIM) policy if the unauthorized alien is a named insured on that policy. This means that if an undocumented immigrant has a valid car insurance policy with UM/UIM coverage and is listed as a named insured, they remain eligible to recover both general damages and lost wages under that coverage.

The Rationale Behind the Law: Lowering Insurance Rates?

The primary justification for this law, as argued by its author, Rep. Gabe Firment, is to reduce the number of injury claims and lawsuits filed in the state, thereby lowering insurance rates. The argument is that by limiting the potential payouts to undocumented immigrants, insurance companies will be able to reduce premiums for all drivers.

However, this rationale has been met with skepticism and criticism from various legal experts and advocacy groups. Some argue that the law could have the opposite effect, as it may discourage undocumented immigrants from obtaining insurance, leading to a greater number of uninsured drivers on the road, which would ultimately drive up premiums for everyone.

Concerns and Criticisms: A Two-Tiered System of Justice

The new law has been widely criticized for creating a two-tiered system of justice, where the rights and value of individuals injured in car accidents are determined by their immigration status. Critics argue that this is discriminatory and violates the principles of equal protection and due process.

Evan Breaux, co-owner of the Breaux Law Firm, has issued a stark warning about the far-reaching consequences of this law, calling it a “dangerous and deeply inequitable two-tiered system of justice.” He argues that the law effectively closes the courthouse doors to a group of people who contribute to Louisiana communities and are now left without meaningful recourse when they are wronged.

Devaluing Human Suffering

One of the most significant concerns is that the law devalues human suffering. By eliminating general damages, the law essentially declares that the pain and trauma of an undocumented person have no value in a Louisiana court of law. This raises serious ethical and moral questions about the value placed on human life and the right to seek justice.

Impact on Lost Wages

The law also prohibits the recovery of past and future lost wages. This can have a devastating impact on undocumented immigrants who are injured and unable to work. Without the ability to recover lost wages, these individuals and their families may face severe financial hardship, struggling to pay for basic necessities such as food, housing, and medical care.

Potential Legal Challenges

The new law may face legal challenges based on constitutional grounds. Arguments could be made that the law violates the Equal Protection Clause of the Fourteenth Amendment, which guarantees that all persons within the United States receive equal protection under the law, regardless of their immigration status.

Additionally, there may be arguments that the law is preempted by federal immigration law, which gives the federal government exclusive authority over immigration matters. By creating a separate set of rules for undocumented immigrants, the state law may be seen as interfering with federal immigration policy.

What This Means for Undocumented Immigrants in Louisiana

For undocumented immigrants in Louisiana, this new law has significant implications if they are involved in a car accident. It is crucial to understand the limitations on damages and the importance of having UM/UIM coverage.

Seek Legal Advice: If you are an undocumented immigrant injured in a car accident in Louisiana, it is essential to seek legal advice from an experienced personal injury attorney. An attorney can help you understand your rights and options under the new law.
Review Your Insurance Coverage: Check your car insurance policy to see if you have UM/UIM coverage. If you do, make sure you are listed as a named insured on the policy.
Gather Evidence: Collect all relevant evidence related to the accident, including police reports, medical records, and witness statements.
Be Aware of the Statute of Limitations: In Louisiana, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident (for accidents occurring on or after July 1, 2024). However, it’s important to confirm this with an attorney, as there may be exceptions.

Resources for Immigrants in Louisiana

Several organizations in Louisiana provide legal and support services to immigrants, regardless of their immigration status. These resources can be invaluable in helping immigrants understand their rights and access the legal and social services they need.

Louisiana Organization for Refugees and Immigrants (LORI): LORI provides advocacy, legal aid, and community empowerment services to refugees and immigrants in Louisiana.
Catholic Charities Diocese of Baton Rouge – Immigration Legal Services (ILS): ILS offers low-cost legal assistance to individuals and families seeking to extend or maintain lawful immigration status or apply for U.S. citizenship. They also conduct “Know Your Rights” workshops to help community members understand their rights when facing pressure from law enforcement or immigration officers.
Immigration Services & Legal Advocacy (ISLA): ISLA provides legal services to people in immigration detention centers in Louisiana.

Conclusion

Louisiana’s new law creates a two-tiered justice system for undocumented accident victims, limiting their ability to recover damages for pain and suffering and lost wages. While the law’s proponents argue that it will lower insurance rates, critics contend that it is discriminatory and devalues human suffering. Undocumented immigrants in Louisiana must understand their rights and seek legal advice if they are involved in a car accident. It is also crucial to support organizations that provide legal and support services to immigrants in the state.

The implications of this law extend beyond individual cases, raising fundamental questions about fairness, equality, and the value of human life in the eyes of the law. As the legal challenges and societal impacts of this law unfold, it is essential to continue advocating for a just and equitable legal system for all, regardless of immigration status.