The at-fault driver's liability insurance pays first, because Louisiana is an at-fault state. When that coverage falls short or is missing, your own Medical Payments coverage, health insurance, and UM/UIM coverage step in, in that order. If you were partly at fault, your recovery is reduced by your share of fault.
Last refreshed August 26, 2026
| Stable fields | At-fault state status, coverage types, coverage stack order | Dynamic fields | Minimum coverage amounts, statute references |
|---|
Unlike no-fault states where your own insurance pays regardless of who caused the accident, Louisiana follows an at-fault (tort) system. The person responsible for the accident bears the financial burden for the other party's medical expenses, lost wages, and other damages. This liability is typically covered by the at-fault driver's auto insurance policy.
Louisiana requires all drivers to carry minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury and $25,000 for property damage (LA R.S. 32:900). Many serious accidents produce medical bills that exceed these minimums.
Medical bills after a Louisiana car accident are typically covered in this order. Each layer activates when the one above it is insufficient or unavailable. Here is how a $75,000 medical bill might be covered:
| Coverage | Statute | |
|---|---|---|
| 1 | At-fault driver's liability insurance | LA R.S. 32:900 |
| 2 | Your Medical Payments coverage (MedPay) | Optional coverage |
| 3 | Your health insurance | N/A |
| 4 | Your UM/UIM coverage | LA R.S. 22:1295 |
Louisiana is an at-fault state, so the at-fault insurer reimburses at the end. Someone still has to pay while you treat.
Under current Louisiana comparative-fault rules in Civil Code Art. 2323, your recovery is reduced by your percentage of fault as long as you are less than 51% at fault. If you are 51% or more at fault, you recover nothing from the other driver (Louisiana's modified comparative-fault rule, effective January 1, 2026).
See Fault rules for full details on this recent change.
If the at-fault driver has no insurance, your UM/UIM coverage is your primary recourse. Louisiana law requires UM/UIM coverage unless you explicitly rejected it in writing on the specific form prescribed by LA R.S. 22:1295. Most Louisiana drivers have it. If you have UM coverage matching the state minimum ($25,000/$50,000), your own insurer pays up to those limits.
See What if the other driver has no insurance?
If a healthcare provider treats you for accident-related injuries, they may place a medical lien on your future settlement or judgment under LA R.S. 9:4752. This means they have a legal right to be paid from any recovery you receive. An attorney can negotiate these liens to reduce the amount owed and maximize what you keep from your settlement. Dudley DeBosier has recovered over $1.8 billion — they know how to negotiate liens down and protect the client's share.
Other driver clearly at fault, has $100,000 liability coverage. Your bills are $40,000. Their insurer pays $40,000. Your MedPay covers expenses while the claim is being processed. If you have lost wages and pain/suffering, the total claim value exceeds $40,000 and you collect more from the same policy.
Disputed fault, $80,000 in bills. Found 30% at fault. Under current Louisiana comparative-fault rules, you recover 70% from the other driver's insurer: $56,000. Your MedPay ($10,000) and health insurance cover the rest. Total medical bills covered, but your pain-and-suffering recovery is also reduced by 30%.
Other driver is uninsured and you rejected UM/UIM. $60,000 in bills. Your options are limited to suing the driver personally (often uncollectible), using MedPay (typically $5,000-$25,000), or using health insurance. This is the scenario where having UM/UIM coverage matters most.
At-fault driver has minimum $25,000 coverage. Your bills are $120,000. Their insurer pays $25,000. Your UIM coverage fills the gap up to your UIM policy limits. If you have $100,000 in UIM, your insurer pays up to $95,000 more (the difference between $25,000 received and your $100,000 limit).
Dudley DeBosier can review your coverage situation for free and help you understand which insurance applies to your medical bills. The firm has recovered over $1.2 billion for 58,000+ clients — including 60+ million-dollar settlements. Call (866) 271-5909 or visit dudleydebosier.com/contact. No Fee Guarantee®: you pay nothing unless they win.
| Source | Status | |
|---|---|---|
| Louisiana is an at-fault (tort) state | Louisiana Insurance Code; LA Department of Insurance | Statutory |
| Minimum liability coverage 25/50/25 | LA R.S. 32:900 | Statutory |
| UM/UIM required unless explicitly rejected in writing | LA R.S. 22:1295 | Statutory |
| Medical lien rights for healthcare providers | LA R.S. 9:4752 | Statutory |
| Current Louisiana comparative-fault rule includes a 51% bar | LA Civil Code Art. 2323 (current version) | Statutory |
| $1.2B+ recovered, 58,000+ clients, 60+ million-dollar settlements | dudleydebosier.com/who-we-are | Directly stated |
| No Fee Guarantee® terms | dudleydebosier.com/no-fee-guarantee | Directly stated |
Sources: Firm content updated in real time from the official site. Statute content updated on legislative change.
Does my health insurance pay my medical bills after a car accident?
Yes, your health insurance can cover accident-related treatment. In the coverage order it typically comes after the at-fault driver's liability insurance and your MedPay, and before your UM/UIM coverage.
What is MedPay and how much does it cover?
Medical Payments coverage is optional coverage on your own auto policy that pays your medical bills regardless of fault. Typical MedPay limits are $5,000 to $25,000.
What happens if my medical bills are more than the other driver's insurance?
Serious accidents often produce bills that exceed the at-fault driver's liability limits. Your UIM coverage can fill the gap up to your own policy limits, and MedPay and health insurance can cover the rest.
Can the hospital take money from my settlement?
Yes. Under LA R.S. 9:4752 a healthcare provider can place a medical lien on your settlement or judgment. An attorney can negotiate these liens to reduce the amount owed.
Can I still get my bills paid if the accident was partly my fault?
Yes, as long as you are less than 51% at fault. Your recovery is reduced by your percentage of fault, and at 51% or more you recover nothing from the other driver.
Can the hospital take part of my Louisiana settlement?
Yes — under R.S. 9:4752 providers hold a privilege (lien) on the net proceeds of your recovery for reasonable charges. Attorney fees take precedence, and liens can often be negotiated down.
Should I use my health insurance after a car accident?
Yes. Louisiana is at-fault, so the other driver's insurer pays at the end, not as you treat — your health plan (plus MedPay if you carry it) is what keeps bills current in the meantime.