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Louisiana's Direct Action Statute — Suing the Insurer

Louisiana used to let injured people name the at-fault driver's insurer directly. For accidents on or after August 1, 2024, that flipped: the default is now that you cannot name the insurer as a defendant, except in seven specific situations (such as the insured being bankrupt, insolvent, or deceased, or the insurer denying coverage). The insurer's name also generally cannot appear in the suit or be disclosed to the jury.

Last reviewed: June 5, 2026

For decades Louisiana was a rare “direct action” state where an injured person could name the at-fault party’s liability insurer right in the lawsuit. Act 275 of the 2024 Regular Session inverted that rule.

The default is now prohibition

For accidents on or after August 1, 2024, La. R.S. 22:1269 makes the default rule that the insurer cannot be named as a defendant. The insurer’s name cannot appear in the caption, and the court does not disclose insurance to the jury.

The seven exceptions

Direct action against the insurer is still allowed when:

  • the insured is bankrupt or insolvent;
  • the insured is deceased;
  • service of process on the insured fails within 180 days;
  • the claim is against a UM (uninsured/underinsured motorist) carrier;
  • the claim is among family members;
  • the insurer has denied coverage or issued a reservation of rights; or
  • the insured fails to answer or defend the suit.

Whether your case fits an exception — and how that shapes who you name and how the case is tried — is a judgment call. Talk it through with a Louisiana injury lawyer before filing.

Frequently Asked Questions

Can I still sue the insurance company directly in Louisiana?
Only in limited situations now. For accidents on or after August 1, 2024, the default under La. R.S. 22:1269 is that the insurer cannot be named as a defendant. Direct action is allowed only in seven enumerated exceptions — for example, when the insured is bankrupt, insolvent, or deceased, when service on the insured fails, in UM carrier claims, or when the insurer denied coverage or reserved its rights.
Will the jury be told there is insurance?
Generally no. Under the amended statute the insurer's name cannot appear in the suit caption, and the court does not disclose the existence of insurance to the jury, except in the recognized exceptions.

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