Editor's note: This post was originally published on June 6, 2022, and has been updated for accuracy and relevance.
A serious car crash turns your life upside down in an instant. On top of your injuries and property damage, you're suddenly expected to navigate insurance claims, adjusters, and settlement negotiations, often while you're still recovering. The way you handle your insurance company after a crash in Louisiana can significantly affect the compensation you receive.
Protect your rights from the start by knowing how to properly deal with your insurance company after a crash.
How Does Auto Insurance in Louisiana Work?
In Louisiana, your liability coverage primarily protects other people: it pays for injuries and property damage you cause to others in a crash. If the other driver is at fault, their liability policy covers your losses.
You can also add optional coverage to protect yourself, including Medical Payments (MedPay), uninsured/underinsured motorist (UM/UIM) coverage, and collision coverage. If the at-fault driver has little or no insurance, your UM coverage becomes critical.
Steps to Protect Yourself When Dealing With Insurance After a Crash
1. Do Not Admit Fault After an Accident
After a crash, it's natural to want to apologize or express concern for the other driver. Resist that impulse. Any statement that suggests fault, even a casual "I'm sorry", can be used against you by insurance companies to reduce or deny your claim. This applies to conversations with the other driver, law enforcement, and insurance adjusters.
2. Document Everything and Get the Police Report
Evidence is the foundation of any successful insurance claim. At the scene, collect:
- Photos of all vehicles, road conditions, and visible injuries
- Names and contact information for all witnesses
- The other driver's insurance information and license plate number
- The responding officer's name and badge number
Request a copy of the official police report as soon as it's available. This document establishes the responding officer's findings and can be powerful evidence when filing a claim or pursuing legal action.
3. Be Careful What You Say to Adjusters
Insurance adjusters are trained to minimize payouts. When they call, which often happens quickly, you are not required to give a recorded statement. Politely decline until you have spoken with an attorney. Even a well-intentioned statement can be used to reduce the value of your claim or shift blame onto you.
4. Don't Accept the First Settlement Offer
Insurance companies routinely make low initial settlement offers, especially while you're still treating injuries. Once you accept a settlement, you typically forfeit the right to seek additional compensation, even if your injuries turn out to be more serious than initially thought. Don't sign anything without understanding the full value of your claim.
How Can a Personal Injury Attorney Help You Deal With the Insurance Company After an Accident?
Negotiating with an insurance company after a serious crash is exhausting, and the stakes are high. An experienced personal injury attorney levels the playing field.
MGM Attorneys handles all communication with insurers on your behalf, builds the strongest possible case for your claim, and won't let the insurance company lowball what you're owed.
Remember: In Louisiana, you generally have two years from the date of the accident to file a personal injury lawsuit. Acting quickly preserves evidence and protects your rights.
Frequently Asked Questions About Communicating with Your Insurance Company After a Crash
Do I have to talk to the other driver's insurance company?
No. You are not legally required to give a statement to the other driver's insurance company. It's often in your best interest to let an attorney handle that communication, as anything you say can be used to reduce your claim.
What if the at-fault driver doesn't have enough insurance?
If the other driver is uninsured or underinsured, your own UM/UIM coverage may cover the gap. Louisiana law offers options for stacking UM coverage in some circumstances, which could increase your available compensation. An attorney can evaluate your policy and advise you on the best path forward.
How long do I have to file a claim in Louisiana?
Louisiana's statute of limitations for personal injury claims is two years from the date of the accident. Missing this deadline can permanently bar you from recovering compensation, so don't wait.
What should I do if the insurance company denies my claim?
A denial is not the final word. Insurance companies can act in bad faith, and Louisiana law provides remedies for that. An attorney can challenge a denial, negotiate further, or file suit if necessary.
Maximize Your Settlement with Help From MGM Injury Attorneys
The insurance company has lawyers protecting their interests. You deserve the same. MGM Attorneys fights for injured people in Baton Rouge and across Louisiana, and we won't stop until you receive the full compensation you're owed. Contact us today for a free consultation.
