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2021 Legislative Update - New Crimes: Staging a Car Accident

Act 248 of the 2021 Regular Session of the Louisiana Legislature created two new offenses to be aware of, both prohibiting the staging of motor vehicle accidents.

La. R.S. 14:68.4.1 - “Staging of a motor vehicle collision” prohibits:

A. Staging of a motor vehicle collision is any of the following with an intent to defraud:

(1) Causing a motor vehicle collision for the purpose of obtaining anything of value.

(2) Providing information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of obtaining anything of value.

(3) Providing false information in connection with a motor vehicle collision that did not occur for the purpose of obtaining anything of value.

This new crime is a felony, for which an individual convicted faces imprisonment, with or without hard labor, for not more than 5 years, and/or a fine of up to $5,000.

The act also established La R.S. 14:68.4.2 - “Aggravated staging of a motor vehicle collision” which prohibits the same conduct as §684.4.1, but adds the element, “which causes death or serious bodily injury to another person.” The penalty for this offense is imprisonment, with or without hard labor, for not less than 5 years nor more than 30 years, and/or a fine of up to $15,000.

Finally, this act adds these two offenses to La. R.S. 15:1352(A), which defines them as “racketeering activity,” which adds sentencing enhancements of up to 50 years and fines of up to one million dollars.

If you or someone you know is facing charges under these new statutes, give us a call to set up a consult at (318) 459-9111.

Did you know that LSU Publishes Traffic Accident Data for the whole state?

LSU publishes multiple forms that allow you to look at traffic accident data beginning in 2015 and updated through the end of 2020. You can find the all of the various spreadsheets here, but the Traffic Information Overview is pictured below:

Overall, miles traveled and licensed drivers have increased in the last year, while the population remained stable. Crashes with injuries decreased by 10% between 2019 and 2020, but fatal crashes increased by almost the same percentage.

If you or someone you love has been injured in an automobile accident and you have questions about what to do next, contact us at (3180 459-9111 to set up a consult.

What is SR-22?

SR-22 in Louisiana is a certificate of insurance filed by an insurance company with the Office of Motor Vehicles (OMV) that simply confirms that an individual has “proof of future financial responsibility” or: proof of sufficient insurance coverage or a sufficient bond or cash deposit with the state ($30,000) in the event that he causes an accident.

A person may be required to provide an SR-22 certificate to the OMV after a judgment has been obtained against them for an accident, after a conviction for driving while intoxicated, or after first refusal to submit to a chemical test for an arrest for driving while intoxicated.

For any of these reasons, SR-22 will need to be maintained for three years.

If you or someone you know is unsure whether you are required to provide an SR-22 certificate of insurance to the OMV, call our office to set up a consultation: (318) 459-9111.

What is compulsory motor vehicle insurance?

Most states require that, before being allowed to operate a motor vehicle on its roads, a driver purchase a certain amount of motor vehicle insurance. This is commonly known as compulsory motor vehicle insurance or compulsory MVI.

Louisiana is no different.

Louisiana Revised Statutes Title 32, Section 861 requires that every “self-propelled motor vehicle” registered in Louisiana maintain a policy of motor vehicle liability insurance with limits as defined by “R.S. 32:900(B)(2) or (M)”. Failure to maintain the required insurance policy can result in the revocation of the vehicle’s registration, impounding of the vehicle, and cancellation of the vehicle’s plates, fines and imprisonment.

Louisiana Revised Statutes Title 32, Section 900, establishes the required minimum limits for insurance in Louisiana. A liability insurance policy in Louisiana must include a minimum of $15,000 in bodily injury or death limits per person, with a total $30,000 limit per accident. Each policy must also include $25,000 in damage or destruction of property limits.

Any individual operating a motor vehicle without compulsory motor vehicle insurance who is involved in an accident is prohibited from recovering the first $15,000 of any bodily injury damages sustained in the accident and the first $25,000 of any property damages sustained in the accident, regardless of fault. (La. R.S. 32:866).

If you or someone you know has been involved in an accident and has questions about what to do next, give us a call at (318) 459-9111.