After a car accident, the phone call comes quickly. A friendly insurance adjuster asks how you’re feeling and wants your version of events. It sounds routine. It isn’t.
Insurance companies are businesses. Their goal is simple: reduce what they pay. And under Louisiana’s modified comparative fault law, they now have even more incentive to shift blame onto you.
Understanding how the law works and how insurers use it can make a major difference in protecting your claim.
Louisiana’s Modified Comparative Fault Rule: Why 51% Matters
Under current law, you can only recover damages if you are 50% or less at fault for the accident.
- If you are 20% at fault, your compensation is reduced by 20%.
- If you are 50% at fault, you can still recover, but your award is cut in half.
- If you are 51% or more at fault, you recover nothing.
Insurance adjusters are now highly motivated to push your fault percentage above that line, preventing any payout.
Common Insurance Tactics After a Crash
The tactics insurance adjusters use after a crash help them limit their financial liability by shifting the fault back to you. Here are some of the most common tactics used.
1. The “Friendly” Early Call
Adjusters often call within hours of the accident, while you are still shaken, before you understand the full extent of your injuries, and before you have had a chance to speak with an attorney.
They are gathering information while your guard is down, which can later be used to:
- Increase your share of fault
- Minimize your injuries
Anything you say can be revisited months later.
2. Requesting a Recorded Statement
Adjusters routinelyrequest recorded statements, framing it as a standard part of the claims process. However, you are not required to give a recorded statement to the other driver’s insurer.
Seemingly harmless comments given during recorded statements can be used against you.
- Answering “I’m okay” when the adjuster asks how are you doing, could later be cited as evidence that your injuries were minor.
- Offhand comments such as “I didn’t see them coming” or “I was changing the radio” can later be framed as admissions of partial fault.
3. Inflating Your Percentage of Fault
Because recovery is reduced by your percentage of fault, and barred entirely at 51%, insurers now aggressively look for ways to argue that you share the blame.
They may claim:
- You weredriving too fast for the road conditions
- You stopped suddenly
- You were distracted
- You could have avoided the collision
4. Challenging Your Injuries
Prompt medical attention after an accident is critical in assisting your claim from both a medical and legal perspective. You must prove that the accident caused your injuries.
Insurance companies often argue:
- Your injuries were pre-existing
- You delayed treatment
- Your care was unnecessary or excessive
Any gap in treatment gives them room to question whether the crash is truly responsible.
You also have a duty to mitigate damages, meaning you must take reasonable steps to prevent your condition from worsening. If you do not follow medical advice, skip appointments, or refuse treatment, an insurer can argue that your condition is the result of your own failure to mitigate.
Seeking medical care after a crash strengthens your ability to prove both causation and the full extent of your damages.
5. Monitoring Social Media
Insurance companies routinely review social media accounts during open claims.
A photo of you smiling at a family event can be misrepresented as evidence that you are not seriously injured, even if you were in pain that day.
During a claim, limit your social media activity and avoid discussing your accident or injuries online.
6. Quick Settlement Offers
If an insurer contacts you quickly with a settlement offer, treat it as a red flag.
Quick offers are almost always below the true value of your claim, and accepting any settlement waives your right to seek additional compensation later, even if your injuries worsen or new treatment needs emerge.
How an Attorney Protects You from Insurance Tactics Used to Limit Fault
Under Louisiana’s modified comparative fault system, early strategy matters more than ever.
An experienced car accident attorney can:
- Preserve evidence before it disappears
- Gather witness statements
- Work with accident reconstruction experts if needed
- Protect you from giving harmful recorded statements
- Build medical evidence that clearly connects the crash to your injuries
Most importantly, your attorney works to keep your fault percentage where it belongs, below the 51% bar.
Insurance companies have teams trained to reduce payouts from day one. You deserve someone doing the opposite.
If you were injured in a car accident, speak with one of the experienced attorneys at MGM before speaking at length with the insurance company. What happens in the first few days after an accident can determine how much you recover or whether you recover anything at all.
