From dealing with injuries to managing vehicle repairs, the aftermath of a car accident can be overwhelming.
One of the most crucial steps after an accident is filing a car insurance claim. Understanding how the process works in Louisiana can help you navigate the system more efficiently and ensure you receive the compensation you deserve.
At Crescent City Personal Injury, we know firsthand how difficult it can be to deal with insurance companies that often try to minimize payouts.
Our team of personal injury attorneys, led by John Radziewicz, is dedicated to fighting for the rights of car accident victims in New Orleans and throughout Louisiana, ensuring they receive the proper care and compensation to rebuild their lives.
Understanding Louisiana’s Car Insurance Laws
Louisiana follows a fault-based system for car accidents, meaning that the driver responsible for the accident is also responsible for covering the damages.
This means that after an accident, you will typically file a claim with:
- Your own insurance company (if you have the appropriate coverage)
- The at-fault driver’s insurance company
Additionally, Louisiana requires all drivers to carry a minimum amount of liability insurance, which includes:
- $15,000 for bodily injury per person
- $30,000 for total bodily injury per accident
- $25,000 for property damage per accident
If the at-fault driver does not have sufficient insurance, you may need to rely on uninsured/underinsured motorist (UM/UIM) coverage if you have it in your policy.
If you’re unsure about how your coverage applies after an accident, consulting a car accident lawyer can help you better understand your legal rights and options for seeking compensation.
Steps to Take When Filing a Car Insurance Claim in Louisiana
Filing an insurance claim after a car accident can be complex, but taking the right steps can improve your chances of a successful outcome.
1. Report the Accident Immediately
Louisiana law requires drivers to report an accident if there are injuries, fatalities, or property damage exceeding $500. Failing to report an accident can lead to penalties.
2. Gather Evidence at the Scene
To strengthen your insurance claim, collect as much evidence as possible, including:
- Photos of the accident scene, vehicle damage, and injuries
- Contact information of the other driver(s) and witnesses
- A copy of the police report (if applicable)
3. Seek Medical Attention
Even if you feel fine after an accident, some injuries don’t appear immediately. Seeking medical attention ensures your health is prioritized and creates documentation of your injuries for your insurance claim.
4. Notify Your Insurance Company
Most insurance policies require prompt notification of an accident. Be honest and provide the necessary details, but avoid making statements that could be used against you later.
5. File a Claim with the At-Fault Driver’s Insurance
Since Louisiana is a fault state, you will likely need to file a claim with the at-fault driver’s insurer. Be prepared for their adjusters to minimize the payout, this is where legal guidance can be beneficial.
Following these steps might feel overwhelming, especially when dealing with injuries, medical bills, and insurance negotiations. A car accident lawyer can help guide you through the process, protect your rights, and negotiate with insurance companies to ensure you receive the compensation you deserve.
What Damages Can You Claim After a Car Accident?
If you were injured in a Louisiana car accident, your claim may include compensation for the following:
- Medical expenses (emergency care, hospital stays, rehabilitation, medication, etc.)
- Lost wages (if your injuries prevent you from working)
- Property damage (repair or replacement of your vehicle)
- Pain and suffering (emotional and physical distress from the accident)
Insurance companies often try to lowball settlements, which is why having a personal injury lawyer can make a significant difference in maximizing your compensation.
Common Challenges When Filing a Car Insurance Claim in Louisiana
Even when you follow all the right steps, insurance companies often make the process difficult.
Here are some common challenges accident victims face:
- Insurance Claim Delays: Insurance companies may drag out the claims process, hoping that you’ll accept a lower settlement out of frustration.
- Disputed Liability: The at-fault driver’s insurer may dispute responsibility, arguing that you were partially or fully at fault.
- Low Settlement Offers: Insurance adjusters often offer settlements that don’t fully cover your damages. Once you accept an offer, you may lose the right to seek additional compensation.
- Denied Claims: Some insurers deny claims entirely, citing policy exclusions or insufficient evidence.
A personal injury lawyer with experience in car accident cases can help you navigate these challenges by gathering evidence, negotiating with insurance companies, and advocating for the full compensation you deserve.
How Long Do You Have to File a Car Insurance Claim in Louisiana?
Louisiana has a two-year statute of limitations for filing a car accident lawsuit. If you fail to take legal action within this period, you may lose your right to seek compensation.
It’s important to act quickly to gather evidence and build a strong case. Even if you’re negotiating with insurance companies, filing a claim within the deadline ensures you have legal options if needed.
When to Contact a Louisiana Car Accident Lawyer
While it’s possible to file a car insurance claim on your own, working with a personal injury attorney can significantly improve your chances of receiving fair compensation.
A lawyer can:
- Negotiate with insurance companies on your behalf
- Gather evidence and build a strong case
- Fight against claim denials and lowball offers
- Take your case to court if necessary
At Crescent City Personal Injury, we believe that accident victims deserve justice—not just in theory, but in real, tangible ways that help them rebuild their lives.
We understand the tactics insurers use to minimize payouts, and we fight aggressively on behalf of our clients.
Contact Our Car Accident Lawyers at Crescent City Personal Injury Today
Our team at Crescent City Personal Injury has years of experience navigating Louisiana law and is dedicated to guiding clients with their queries and ensuring they receive fair treatment and the financial recovery they need to move forward.
If you need help with your car insurance claim, contact us today at 504-608-0084 or send us a message to discuss your claim.