Injured While Undocumented in Louisiana? What You Can Still Recover After a Car Accident
If you're undocumented and were hurt in a car accident in Louisiana, you may have heard about a new law and worry that you have no case at all. That isn't the full story. The law did change what some accident victims can recover — but if you're undocumented, you still have important rights, and in some situations you can recover just as much as anyone else. Here's what the law actually says.
What the new law changed
In 2025, Louisiana passed House Bill 436 (Act 17), which added Civil Code Article 2315.12. Effective August 1, 2025, it says that a person who is unlawfully present in the United States cannot be awarded "general damages" or past and future lost wages in a claim arising from an automobile accident. General damages are the non-economic losses — pain and suffering, mental anguish, and loss of enjoyment of life.
What you can still recover
Here's the part that gets lost in the headlines. Even under this law, you can generally still recover:
Your medical bills — past and future.
Property damage — like the damage to your vehicle.
These are called "special damages," and the new law does not take them away.
The most important exception: your own UM/UIM coverage
This is the big one. The law does not apply to a claim against an uninsured or underinsured motorist (UM/UIM) policy that names you as an insured. In plain terms: if you are a named insured on a UM/UIM policy, you can still recover the full range of damages — including pain and suffering and lost wages — under that coverage. Whether you have this coverage, and whether you're a named insured, can completely change your case. It's worth having a lawyer review your policy before you assume anything.
It only applies to car accidents
One more thing that's easy to miss: this law is specific to automobile accidents. It does not apply to other kinds of injury claims — a slip-and-fall, a dog bite, or an injury on someone else's property. In those situations, your immigration status does not limit these damages the same way.
Don't let fear keep you from getting help
It's understandable to be afraid — of your immigration status coming up, or of drawing attention. But avoiding medical care or not reporting an accident usually hurts you far more than it protects you. You have the right to seek medical treatment and to speak with a lawyer confidentially about your options. No one should have to choose between getting care and protecting themselves.
Talk to a firm that will look at your whole case
f you were hurt in a crash, don't assume you have no options — the details of your case, and especially your insurance coverage, can make a real difference. Since 1980, Bono Law Firm has represented injured people across Metairie, New Orleans, and all of Louisiana. When you call, you talk directly with an attorney — John C. or Michael P. Bono — never a case manager. The consultation is free and confidential, we have interpreters available, and you pay nothing unless we recover for you.
Call (504) 835-9909 for a free, confidential consultation.
Free Consultation · No Fee Unless We Recover · Se Habla Español
This post is for general information about Louisiana law and is not legal advice. Every case is different — contact us to discuss your specific situation.
