Louisiana HB 436: What Immigration Status Means in an Automobile Accident

On May 28, 2025, Governor Jeff Landry signed into law House Bill 436 (HB 436), which serves to limit what damages are recoverable for unauthorized aliens involved in an automobile accident. HB 436 enacted Civil Code Article 2315.12 and concerns the extent to which an unauthorized alien is able to recover certain damages as a result of an automobile accident.

CC Article 2315.12 provides that an “unauthorized alien” is one who is unlawfully present within the United States according to the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. When an unauthorized alien is a party to an action for damages arising from an automobile accident, the unauthorized alien will not be awarded general damages or past and future wages. However, this article will not apply to a claim made against an uninsured or underinsured motorist policy that names the unauthorized alien as an insured, and the unauthorized alien may still be awarded special damages.

General Damages vs. Special Damages in Tort Law

In tort law, special damages are those referring to specific monetary losses incurred by an injured party, such as medical expenses, property damage, lost wages, and loss of earning capacity. General damages are those intangible losses suffered by an injured party that do not necessarily have a fixed monetary value, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium, which refers to losses within a personal relationship, such as between spouses.

In an action for an automobile accident, as well as tort law in general, the foundational purpose is to make the injured party whole again. However, the concept of special damages was created to go beyond the tangible and enter into the intangible damage an individual may suffer from the tortious conduct.

In civil tort actions, general damages may complicate a case because of the subjective nature of the injuries, but general damages will typically increase the overall value of the claim. By limiting an unauthorized alien’s recovery to specific damages, excluding loss wages and loss of earning capacity, the judiciary process will be more streamlined, and the unauthorized alien will be restricted to providing evidence only for this tangible and specific monetary damages.

Potential Legal Ramifications

HB 436 ultimately restricts unauthorized aliens’ access to the legal system by limiting one’s ability to recover the full value of a claim unless they are protected under an uninsured or underinsured policy. This may result in greater reliance on such motorist coverage, especially for those of mixed-legal-status households. By introducing an individual’s immigration status as a factor in determining the extent to which someone may recover under Louisiana state tort law, insurers may be incentivized to deny damages.

Immigration is an area of the law traditionally reserved to the federal government, but tort law is generally a matter of state law. Therefore, complex legal issues may arise as a result of this law, including equal protection under the law and federal preemption of matters regarding immigration pinned against a state’s right over its tort laws.