Is It Illegal to Refuse to Give Insurance Details After an Accident in Louisiana?

Crash, Fender Bender, Now What? Why Sharing Insurance Details After an Accident in Louisiana Matters

After a car accident in Louisiana, trading insurance details with the other driver isn't just a nice thing to do—it's actually required by law. Many people don't realize that refusing to give insurance information after an accident is illegal in Louisiana, and doing so can lead to serious problems. Whether you've been in a small fender bender or a bigger crash, knowing what information you need to share—and what happens if someone won't share theirs—is really important. 

This article breaks down Louisiana's laws about sharing insurance details after accidents, what could happen if you don't follow them, and what steps to take if the other driver refuses to give you their information.

Introduction to Car Accident Procedures

Car accidents are chaotic, but that doesn’t give anyone a free pass to ignore the rules. In Louisiana, refusing to provide insurance details after an accident is illegal. If you’re one of the drivers involved, the law requires you to stop, check on the other party, and exchange important information. This isn’t optional—it’s part of your legal obligations under Louisiana Revised Statute § 32:398. This law provides that: 

A. The driver of a vehicle involved in a crash resulting in injury to or death of any person or property damage in excess of five hundred dollars shall:

(1) Immediately give notice of the crash to the local police department if the crash occurs within an incorporated city or town or, if the crash occurs outside of an incorporated city or town, to the nearest sheriff's office or state police station.

(2) Give his name, address, and the registration number of the vehicle he was driving and, upon request and if available, exhibit his license or permit to drive to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash.

(3) Give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash.

(4) If the crash occurs in a geographical area under order of evacuation by a competent authority or is under a declared state of emergency, the driver shall comply with the provisions of Paragraphs (1) and (2) of this Subsection within seventy-two hours after the occurrence of the crash.

Your insurance company, the other driver’s insurance company, and even the police officers rely on accurate, complete information to figure out what happened. Without it, no insurance claim can move forward. If you’re trying to recover compensation for medical bills, vehicle repairs, or other losses, you’ll need to provide the necessary details—and get them from the other driver, too.

Your own insurance company may require a police report or proof that the other party was at fault. If you didn’t gather the other driver’s information, such as their driver’s license number, license plate number, or insurance provider, you could be left covering the damage yourself.

Even if you’re feeling rattled, exchanging contact details and insurance information is standard procedure. Skipping this step could lead to a hit and run offense, a suspended license, or even jail time.

Gathering Information After an Accident

Once the vehicles have stopped and it’s safe to do so, your next move should be gathering information after an accident. Louisiana law expects you to exchange:

• Full name and address

• Driver’s license number or license plate number

• Insurance policy number and provider

You should also ask the other driver for their car insurance company and auto insurance policy details. If they refuse to provide insurance info, stay calm and call the police. Their refusal to give insurance details isn’t just frustrating—it’s a violation of state law.

Getting the other driver’s insurance information is key if you need to recover compensation. Whether you're filing through their insurance or your own insurance company under uninsured motorist coverage, none of that is possible without proper documentation.

If the driver refuses to share details or flees the accident scene, it could become a hit and run—a serious criminal charge. Depending on the damage or injury involved, the legal consequences can include fines, jail time (up to six months for minor damage, up to five years if someone’s hurt), and a suspended license.

Even if no one’s seriously hurt, not being able to file a claim with the driver’s insurance company can leave you footing the bill. If you’re stuck dealing with an uninsured driver, you may need to turn to your uninsured motorist coverage—if you have it—and open an uninsured motorist claim.

Don’t expect the insurance provider to do the heavy lifting. If the other party refuses to provide insurance, you’ll need to back up your side with names, photos, witness statements, and an official report. Get the police involved and ask for a copy of the accident report to give your car insurance company something to work with.

Louisiana doesn’t play around when it comes to these situations. Whether it’s a minor fender bender or a more serious crash, every driver involved has the responsibility to exchange information, provide their driver’s insurance, and cooperate. If the other driver refuses, you’re not powerless—but you do need to protect yourself.

Dealing with the Other Driver

After a car accident, emotions run high—but keeping your cool is not optional, it’s necessary. When dealing with the other driver, stay calm, direct, and focused on what the law requires. Start by asking for their driver’s license number, vehicle registration, and insurance details. Don’t guess, don’t assume—get the facts.

If the driver refuses to share or refuses to provide insurance information, don’t argue. Call the police immediately. Police officers are legally empowered to step in and make sure everyone follows the rules. They can help you collect the driver’s insurance information, contact details, and license plate number—especially if the other driver isn’t cooperating.

La. R.S. 32:398(B) outlines exactly what police are supposed to do:

B. It shall be the duty of the state police or the sheriff's office to investigate all crashes required to be reported by this Section when the crash occurs outside the corporate limits of a city or town, and it shall be the duty of the police department of each city or town to investigate all crashes required to be reported by this Section when the crashes occur within the corporate limits of the city or town. Every law enforcement officer who investigates a crash, as required by this Subsection, shall instruct the driver of each vehicle involved in the crash to report the following to all parties suffering injury or property damage as an apparent result of the crash:

(1) The name and address of the owner and the driver of the vehicle.

(2) The license number of the vehicle.

(3) The name of the liability carrier for the vehicle and the name, address, and telephone number of the insurance agent who procured the liability policy providing coverage for the vehicle.

If the crash happens in a city, town, or rural area, the appropriate law enforcement agency must investigate the crash and instruct each driver to report:

• The name and address of the driver and vehicle owner

• The license number of the vehicle

• The name of the liability insurance company, along with the insurance agent’s name, address, and phone number

So even if you’re dealing with an uncooperative driver, the law is on your side. Police officers can compel the exchange of insurance information, ensuring the parties involved comply with their legal obligations.

Legal Consequences of Refusing to Cooperate

Refusing to provide insurance details after an accident in Louisiana isn’t just bad manners—it can cost you. If a driver refuses to give insurance information, that’s a violation of state law, and the penalties can stack up fast.

At the very least, you’re looking at fines or a suspended license. But in more serious cases—especially where someone’s injured or there’s significant property damage—it can be classified as a hit and run offense. That means criminal charges, which could include jail time of up to six months for minor offenses or up to five years if someone is seriously hurt.

Refusing to cooperate also weakens your legal position. If you’re trying to recover damages, the insurance company might deny your claim if they believe you failed to follow standard procedures or didn’t fulfill your part of the auto insurance policy agreement.

If the other driver’s refusal is making things worse, report it. The police can step in to document the accident scene, file an official report, and get the driver’s insurance information on record. This is especially important if you end up needing to file an uninsured motorist claim with your own insurance company.

Don’t assume the other party will cooperate out of goodwill. Louisiana law exists for a reason—to make sure car accident victims have a way to get answers and recover compensation. If the driver refuses to give insurance details, the law treats that as serious business.

Providing Insurance Details

After a car accident, exchanging insurance information isn't optional—it’s standard procedure. Both drivers are expected to provide contact details, their insurance provider, and their driver’s license number. This helps all parties involved file an insurance claim and, if needed, recover compensation for medical expenses, property damage, and other losses.

If the other driver refuses to provide insurance details, don’t waste time arguing. If you can gather their license plate number, vehicle make and model, and any other identifying information, that’s a good start. The police or your own insurance company may be able to help track down the driver’s insurance company. In some cases, you can even contact their insurance provider directly if you know who it is, or send a demand letter later.

Having the necessary details makes it easier to file your insurance claim and move on. Without it, you're stuck chasing down the driver’s information while your car sits in the shop—and your bills pile up.

What to Do If the Other Driver Refuses to Provide Their Details

When the other driver refuses to give insurance details, your first call should be to the police. Give them everything you’ve got: the license plate, a description of the other vehicle, and anything else that might help identify the driver.

Police officers can show up, take an accident report, and—most importantly—require the other driver to provide their insurance details. If they still don’t cooperate, that refusal can work against them later in court or during an insurance claim investigation.

If you later discover who their insurance company is, you can attempt to get the information directly or through a demand letter. And if they continue to stall or ignore you, you have another option: file a lawsuit. That opens up the discovery process, which can legally compel the driver to produce their insurance policy information.

Uninsured Motorist Coverage

Sometimes, you’re stuck dealing with an uninsured driver or someone who just refuses to act like an adult. That’s where uninsured motorist coverage (UM) steps in. This part of your auto insurance policy covers your damages when the at-fault driver has no insurance—or acts like they don’t. UM coverage can help with:

• Medical expenses

• Vehicle repair costs

• Lost wages

• Other out-of-pocket losses

If you don’t know your policy limits, now’s a good time to check. Uninsured motorist claims are made through your own insurance company, so you'll still need to file the right paperwork, provide the accident report, and cooperate with their investigation.

Legal Action Against the At-Fault Driver

If you’ve tried everything and the driver refuses to provide insurance information, it may be time to file a lawsuit. You don’t sue the insurance company directly, but once the at-fault driver is served, their car insurance company is legally obligated to get involved. They’ll provide an attorney and pay damages—up to the policy limits.

Legal action may sound like a hassle, but it can be necessary to recover compensation when you’re dealing with someone who won’t cooperate. Whether it’s to cover property damage, medical bills, or lost income, knowing your rights makes all the difference.

Know Your Rights When Insurance Information is Withheld

Understanding Louisiana's laws about sharing insurance details after an accident can save you a lot of headaches down the road. Remember, refusing to give insurance information after an accident in Louisiana is illegal, and this requirement protects everyone involved. If someone won't share their insurance details with you, stay calm, gather what information you can, call the police, and document everything. 

At Burnham Law Firm, we've helped many drivers who faced this exact situation. We know how stressful and confusing these moments can be, especially when you're already dealing with the shock of an accident. Don't let someone else's refusal to follow the law leave you stuck with bills you shouldn't have to pay. Knowing your rights and taking the right steps after an accident makes all the difference.