Overview
Louisiana drivers pay $3,481 annually for auto insurance—the highest in America. On January 1, 2026, the state flipped the rules on who can sue after a car crash. Plaintiffs found even 51% at fault now get nothing, and medical bills can only be recovered at amounts actually paid, not the inflated prices hospitals charge. It's the biggest tort reform package in state history, and nobody knows if it'll actually lower rates.
Governor Jeff Landry signed six bills in May 2025 after taking campaign cash from trial lawyers, then turning on them mid-session. His insurance commissioner warned the reforms could backfire. Twenty insurers have filed for rate decreases, but skeptics note Louisiana tried tort reform before—in 2020—and premiums kept climbing. The real test comes in 2026: either rates drop and Landry claims victory, or they don't and he's left holding the bag.
Key Indicators
People Involved
Organizations Involved
LABI has fought for tort reform in Louisiana for decades, framing it as necessary to reduce the "tort tax" of $1,263 per Louisianian from excessive judgments.
LAJ represents trial lawyers in Louisiana, mostly plaintiff attorneys handling personal injury cases.
State Farm holds nearly 30% market share in Louisiana private auto insurance.
Timeline
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Louisiana Implements Modified Comparative Fault Standard for Injury Lawsuits
Law Takes EffectHB 431 and SB 231 take effect: 51%+ fault bars recovery; medical expenses limited to amounts paid.
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State Farm Files Mixed Rate Changes
Market ResponseState Farm requests 5.9% auto rate decrease but 9.7% homeowners increase, citing hurricane modeling.
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Allstate Cuts Rates for 12,000 Policyholders
Market ResponseNearly 12,000 Louisiana Allstate customers see rate decreases up to 15% starting December.
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Twenty Insurers File Rate Decrease Requests
Market ResponseState Farm, Allstate, Progressive, Geico among companies seeking rate reductions; average decline 2.3% through July.
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No Pay No Play Threshold Increases
Law Takes EffectHB 434 takes effect, barring uninsured drivers from recovering first $100K in damages (up from $15K).
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Landry Signs Historic Tort Reform Package
Executive ActionGovernor signs six bills including HB 431 and SB 231—largest tort reform in state history—effective dates vary.
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Landry Vetoes Bad-Faith Insurance Weakening
Executive ActionGovernor vetoes SB 111, which would have reduced insurer liability for unreasonably denying claims.
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House Concurs on Senate Amendments
LegislativeLouisiana House votes 75-22 and 73-22 to concur with Senate amendments on HB 431.
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Luneau Mounts Filibuster Attempt
LegislativeSen. Jay Luneau delivers lengthy floor speech against tort reform, warning it won't lower rates.
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Senate Approves Medical Expense Limits
LegislativeSB 231 passes Senate 28-9 after heated debate, limiting recovery to amounts actually paid for medical care.
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House Passes Comparative Fault Reform
LegislativeHB 431 passes Louisiana House 67-26, establishing 51% bar on recovery for at-fault plaintiffs.
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Governor and Insurance Commissioner Publicly Clash
PoliticalLandry and Temple feud over legislative strategy; Temple reveals Landry hasn't spoken to him in nearly a year.
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Insurance Crisis Reaches Breaking Point
Policy DiscussionLawmakers label Louisiana's auto insurance rates—highest in nation at $3,481/year—a crisis demanding immediate action.
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Landry Vetoes Tort Reform, Sides with Trial Lawyers
PoliticalGovernor Landry vetoes HB 423 limiting damage claims, angering business groups after accepting trial lawyer contributions.
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First Major Reform: Civil Justice Act of 2020
LegislationGovernor John Bel Edwards signs Act 37, lowering jury trial threshold and limiting medical expense recovery. Takes effect January 2021.
Scenarios
Rates Drop 10-15%, Landry Declares Victory
Discussed by: Business groups like LABI, insurance industry analysts, and Republican legislators
Auto insurance premiums fall significantly in 2026-2027, following Florida's pattern where major carriers cut rates 6-10% after 2023 reforms. State Farm, Allstate, and Progressive expand coverage in Louisiana. Landry claims vindication, points to 20+ insurers already filing decreases, and uses the win for potential higher office. Trial lawyers go quiet. Senate President Henry agrees to consider additional reforms. Louisiana becomes a model for other high-premium states seeking relief.
Rates Stagnate, Blame Game Intensifies
Discussed by: Sen. Jay Luneau, Insurance Commissioner Tim Temple, trial lawyers, and skeptical Democratic legislators
Premiums plateau or continue rising modestly despite reforms, mirroring Louisiana's 2020 experience and Michigan's post-2019 struggles. Temple points to hurricane risk and uninsured drivers as real culprits. Luneau's "I told you so" echoes across the legislature. Landry blames insurers for not passing savings to consumers, tries to use rate rejection powers, and drives more carriers out of the state. Public anger mounts as drivers still pay $3,000+ annually. 2027 legislative session debates unwinding some reforms or imposing rate caps.
Access to Justice Crisis Emerges
Discussed by: Personal injury attorneys, patient advocacy groups, and civil rights organizations
By 2027, plaintiffs with legitimate injury claims—especially in poor communities—can't find lawyers willing to take cases under new restrictions. Medical providers refuse to treat accident victims knowing reimbursement is capped at Medicare rates. Stories emerge of severely injured plaintiffs found 51% at fault on technicalities, receiving nothing. Trial lawyers launch ballot initiative to repeal reforms, framing it as "protecting your right to sue." Landry's legacy shifts from reformer to corporate tool. National media covers Louisiana as cautionary tale of tort reform gone too far.
Mixed Results: Modest Gains, Continuing Problems
Discussed by: Actuarial analysts, academic researchers, and moderate legislators from both parties
Rates decrease 3-5%—noticeable but not transformative. Louisiana drops from #1 to #3 most expensive state. Some reforms work (collateral source limits reduce frivolous billing disputes), others don't (51% bar creates harsh edge cases without significant savings). Uninsured driver rate remains stubbornly high despite No Pay No Play expansion. By 2028, consensus forms that tort reform was necessary but insufficient—Louisiana still needs infrastructure investment, better driver education, and climate resilience for property insurance. Both sides claim partial victory. Policy debate moves on.
Historical Context
Florida's 2023 Tort Reform Package
March 2023 - PresentWhat Happened
Florida enacted HB 837, introducing modified comparative fault (51% bar), eliminating one-way attorney fees, and shortening statutes of limitations. The reforms targeted a property insurance crisis and litigation explosion. Major insurers like State Farm, Progressive, and GEICO filed rate decreases of 6-10%. Average rate increases dropped from 21% in 2023 to 0.2% projected for 2025. Claims lawsuits fell to 2018 levels, and 14 new insurers entered the market.
Outcome
Short term: Litigation dropped 40%+, major insurers filed rate decreases within 18 months.
Long term: Florida became tort reform model; other states copying framework. Loss ratios dropped below U.S. average for first time since 2015.
Why It's Relevant
Louisiana lawmakers explicitly modeled HB 431 on Florida's success. If Louisiana follows Florida's trajectory, Landry wins. If not, skeptics like Sen. Luneau are vindicated that Louisiana's problems run deeper than lawsuits.
Michigan's 2019 No-Fault Auto Insurance Reform
May 2019 - PresentWhat Happened
Michigan eliminated mandatory unlimited Personal Injury Protection coverage after 50 years, giving drivers choice of lower coverage limits ($50K-$500K or unlimited). The state had the nation's highest premiums. Average rates fell 18% by 2022 (from $2,611 to $2,133), and 200,000 more residents got insured. But rates remained highest in the nation, and reimbursement cuts threatened long-term care providers for accident survivors.
Outcome
Short term: Premiums dropped 18%, saving drivers $5 billion collectively over three years.
Long term: Rates still highest nationally; access-to-care crisis for catastrophic injury victims. Reform achieved cost control but created unintended hardships.
Why It's Relevant
Michigan shows tort reform can reduce premiums without solving underlying affordability crisis. Louisiana faces similar risk: rates drop modestly but remain unaffordable, especially for low-income drivers. Access concerns for severely injured plaintiffs also mirror Michigan's experience.
California's MICRA Medical Malpractice Cap (1975)
September 1975 - PresentWhat Happened
California enacted the Medical Injury Compensation Reform Act, capping non-economic damages at $250,000 after malpractice insurance premiums skyrocketed 380% for some physicians. The cap remained unadjusted for inflation for 47 years. MICRA reduced defendants' liabilities by an estimated 30% (RAND study). Premiums rose 47% between 1985-1988, then decreased. California became a model for other states' tort reform efforts.
Outcome
Short term: Malpractice insurance market stabilized; premium growth slowed significantly.
Long term: MICRA remained in effect for nearly 50 years (updated 2022), inspiring similar reforms nationwide. Kept healthcare providers financially solvent but drew criticism for inadequate compensation to severely injured patients.
Why It's Relevant
MICRA demonstrates that tort reform can endure for decades if it stabilizes markets, even amid ongoing controversy. Louisiana's reforms could similarly become permanent fixtures—or, like MICRA, face eventual pressure for updates as inflation and healthcare costs evolve.