What Undocumented Drivers Need to Know About Louisiana’s House Bill 436

If you got hurt in a car accident in Louisiana and you're undocumented, there's something important you need to know about.

Governor Jeff Landry signed a new law—House Bill 436—and it changes everything about how injury claims work if you don't have legal immigration status. Starting August 1, 2025, this law could seriously limit what you can get compensated for after a crash. Even if the accident wasn't your fault.

You might be dealing with medical bills piling up, worrying about missing work, or just trying to get the care you need to feel better. You're not going through this alone.

Here's the thing: your immigration status doesn't change the fact that you deserve to know your rights. If you've been hurt, talking to someone who gets both the law and what you're dealing with can really help. Don't wait on this.

What the Louisiana House Bill 436 Says

Louisiana House Bill 436 adds Article 2315.12 to the Louisiana Civil Code. In simple terms, it limits what undocumented individuals can claim after being injured in a car accident.

Here’s what it means:

• If you’re undocumented and injured in a crash, you cannot recover:

  • General damages (like pain and suffering, mental distress, or loss of enjoyment of life)

  • Past or future lost wages (income you’ve already lost or are likely to lose because of your injury)

    
    

• The only major exception applies if you’re a named insured under an uninsured/underinsured motorist (UM/UIM) policy. If that’s the case, these restrictions don’t apply—you can still pursue those types of damages.

Other types of compensation, such as medical bills or property damage, may still be available.

What Are General Damages and Lost Wages?

General damages cover the emotional and physical toll an accident takes on your life—things like pain, anxiety, or not being able to do the things you used to enjoy. Lost wages, on the other hand, cover the income you miss out on because you’re unable to work.

For most accident victims, these are major parts of a personal injury claim. HB 436 takes them off the table for undocumented individuals unless the UM/UIM exception applies.

Why This Law Matters

This law doesn’t just change how much compensation someone might receive—it changes how the system treats undocumented victims of negligence.

Supporters of the bill argue that it prevents fraud and helps keep insurance costs under control. But many others see it differently. Critics say the law unfairly punishes people based on immigration status, even when they were hurt through no fault of their own.

For undocumented people living and working in Louisiana, it can also create fear about reporting accidents or seeking medical help after a crash. No one should have to choose between getting care and protecting themselves legally—but this law may make that decision harder.

The UM/UIM Exception: Why It’s Important

If you’re undocumented and carry your own car insurance policy with uninsured or underinsured motorist coverage, there’s good news. You can still recover pain and suffering damages and lost wages under that policy—as long as you’re a named insured.

That detail matters. If you’re listed as a driver but not the named insured, the exception might not apply. If you’re unsure, it’s worth reviewing your policy with a lawyer who understands how these details affect your case.

What You Can Still Do

Even though HB 436 limits some types of compensation, it doesn’t mean you have no legal options. You may still be able to recover:

• Medical expenses

• Property damage

• Certain out-of-pocket losses related to the accident

It’s also possible that other factors in your case—like the at-fault driver’s insurance or employer liability—could affect your recovery. A lawyer can help you explore these paths and make sure nothing is overlooked.

Getting Help After a Car Accident

Burnham Law Firm understands how overwhelming this situation can feel—especially if you’re worried about your immigration status on top of your injuries. Everyone deserves to be treated fairly under the law, and you still have rights when you’ve been harmed by someone else’s negligence.

If you or someone you love was injured in a car accident and may be affected by Louisiana’s HB 436, don’t wait to get legal advice. The sooner you understand how this law applies to your situation, the better you can protect yourself and your family.

Call Burnham Law Firm today for a free, confidential consultation. We’ll review your case, explain your options, and help you move forward with clarity and confidence—no matter your immigration status.