On June 17, 2024, Governor Jeff Landry signed House Bill 436 into law, enacting Civil Code Article 2315.12. This law limits the damages unauthorized aliens can recover after car accidents, significantly affecting injury claims for those without legal immigration status.
What Does House Bill 436 Say?
House Bill 436 limits certain legal remedies for individuals identified as unauthorized aliens, defined as persons unlawfully present in the United States according to federal immigration law (8 U.S.C. § 1101 et seq.).Specifically:If an unauthorized alien is injured in a car accident, the following forms of recovery are not permitted:
- General damages (such as pain and suffering)
- Past lost wages
- Future lost wages
Exception: These limitations do not apply to claims filed under an uninsured or underinsured motorist (UM/UIM) policy, if the unauthorized alien is a named insured on that policy.This law is included in the Louisiana Civil Code as Article 2315.12 and became effective August 1, 2025.
What Are General Damages?
In personal injury cases, general damages are non-economic losses such as pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, and mental anguish. Under HB 436, unauthorized aliens cannot recover these damages unless they meet the UM/UIM policy exception.
What About Lost Wages?
The law prohibits recovery of:
- Past wages (income lost from the injury)
- Future wages (anticipated income loss from long-term injury or disability)
These compensations are crucial for victims unable to work or forced into lower-paying jobs after an accident.
IMPORTANT EXCEPTION: UM / UIM POLICIES
HB 436 provides an important exception: An injured unauthorized alien who is a named insured on a valid uninsured or underinsured motorist (UM/UIM) policy remains eligible to recover both general damages and lost wages pursuant to that coverage.Accordingly, if you or a family member maintains a valid insurance policy with UM/UIM coverage and are listed as a named insured, this legislation does not limit your right to compensation under that component of the policy.
Legal and Ethical Concerns
Proponents of HB 436 contend that the bill serves to discourage unauthorized immigration and mitigate insurance fraud. However, numerous legal experts and advocacy organizations have expressed concerns regarding the following issues:Fairness and access to justice for all individuals, irrespective of immigration statusThe risk of underreporting accidents by undocumented persons due to fearThe establishment of a precedent that could restrict civil protections based on immigration statusAt Fisher Injury Lawyers, our position is that the pursuit of justice should be guided by the facts of each case, rather than the citizenship status of those involved.
Injured in a Car Accident? Call Fisher First.
If you or someone you know has been injured in a car accident and may be affected by HB 436, don’t wait. These cases are now more complex and may require legal guidance to protect your rights—especially if UM/UIM coverage is involved. Fisher Injury Lawyers is committed to helping all injury victims understand their rights and fight for the compensation they deserve. Call us today for a free consultation. We’ll walk you through your options, assess your case, and help you move forward with confidence.
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