Auto accidents are bad enough on their own. Unfortunately, that is not the end of the trouble for some people. Reaching fair compensation can be sometimes challenging due to certain tactics of insurance companies.
Victims often face a complex process when seeking compensation for their injuries and damages. If you find yourself in this situation in Louisiana, understanding the motor vehicle accident settlement process is crucial. Otherwise, you may fail to get compensation even if you weren’t at fault.
In this article, we’ll guide you through the steps to achieve settlement after a car accident in the state of Louisiana.
Step 1: Seek Medical Attention and Document the Accident
Immediately after a car accident, your first priority should be the health and safety of all parties involved. Seek medical attention for any injuries, even if they appear minor at first. It’s essential to document the accident scene by taking photographs, exchanging contact information with other parties, and obtaining eyewitness accounts, if possible. These initial steps provide crucial evidence that can bolster your case during settlement negotiations.
Step 2: Contact The Police If Necessary
The state of Louisiana requires you to contact the police if any of the following circumstances happen:
- Injury
- Death
- Property damage over $500
If your accident meets any of those conditions, you’ll need to contact the authorities immediately after the accident to assist.
Step 3: Contact Your Insurance Company
In Louisiana, the law requires you to report a car accident to your insurance company as soon as possible. This step initiates the insurance claims process. When reporting the incident, provide accurate and detailed information about the accident, injuries, and damages. This information forms the foundation for the settlement negotiations.
Step 4: Assess Liability and Damages
Determining fault is pivotal in any car accident settlement. Louisiana follows the comparative fault system, which means that each party’s degree of fault is considered when awarding damages. The more liable you are for the accident, the lower your potential compensation. Insurance adjusters and legal representatives will review police reports, witness testimonies, and evidence to ascertain liability.
Assessing damages is equally important. Damages can encompass medical expenses, property damage, lost wages, pain and suffering, and more. Collect all relevant documents, including medical bills, repair estimates, and proof of income loss. This data aids in calculating an accurate settlement figure.
Step 5: Negotiate With the Insurance Company
The negotiation process with the insurance company is a crucial stage that demands careful consideration. Insurance adjusters may initially offer a lower settlement amount, hoping to save the company money. However, you have the right to negotiate for a fair and just settlement that covers your losses adequately.
During negotiations, it’s important to remain patient and composed. Engage in clear and concise communication, presenting evidence that supports your claims. Be prepared to counter lowball offers with your own calculations of damages and present a persuasive case for why your demand is reasonable.
Step 6: Mediation and Alternative Dispute Resolution
If negotiations stall, mediation or alternative dispute resolution (ADR) can provide a way forward. Mediation involves a neutral third party who helps facilitate communication and negotiation between both sides. ADR methods can bring a fresh perspective and new insights, potentially leading to a mutually acceptable settlement.
Step 7: File a Lawsuit
If negotiations and ADR fail to give you the outcome you expected, filing a lawsuit might be necessary. In Louisiana, the statute of limitations for personal injury claims is one year from the date of the accident. It’s crucial to consult with a car insurance attorney if you’re considering litigation.
Step 8: Discovery and Pre-Trial Preparations
During the lawsuit process, both parties engage in discovery, which involves gathering evidence, interviewing witnesses, and exchanging information. This phase aims to ensure that both sides have a clear understanding of the strengths and weaknesses of the case. Pre-trial preparations might involve motions and hearings that can shape the trajectory of the case.
Step 9: Settlement Negotiations
Even after a lawsuit is filed, settlement negotiations can continue. Many cases are resolved through settlement before reaching trial. Both parties may recognize the benefits of avoiding a trial’s time, costs, and uncertainty.
Step 10: Trial
If a settlement is not reached, the case proceeds to trial. During the trial, both sides present their evidence, witnesses testify, and the judge or jury decides the outcome. Trials are complex, and their outcome is uncertain. Therefore, many parties strive to resolve the case before reaching this stage.
Step 11: Post-Trial Motions and Appeals
If either party disagrees with the trial outcome, they may file post-trial motions or appeals. This can lead to further legal proceedings, extending the resolution process. For this, get help from an attorney to make informed decisions regarding these options.
Step 12: Reach a Resolution
Whether through negotiation, mediation, trial, or appeal, the ultimate goal is to reach a resolution that provides you with the compensation you deserve for your injuries and damages. A resolution might entail a lump-sum settlement, structured payments, or other arrangements that best suit your needs.
Navigating Louisiana’s motor vehicle accident settlement process demands a deep understanding of the state’s laws, regulations, and procedures. Working with an experienced car accident attorney can provide you with invaluable guidance and support, ensuring that your rights are protected and that you receive the compensation you rightfully deserve.
Louisiana Policy Regulations
Like other states, Louisiana requires vehicle owners to have a minimum insurance policy. To comply with Louisiana regulations, drivers need to secure a policy with the following minimum coverage:
- At least $15,000 for bodily injury or fatality to one individual.
- A minimum of $30,000 for bodily injury or fatality to multiple individuals in a single accident.
- A minimum of $25,000 to cover damages to another person’s vehicle or property.
All of these regulations are meant to protect people financially in the case of a motor vehicle accident.
Get Help From a Car Settlement Attorney
Insurers can make it very difficult for victims to get a fair settlement. This is why if you’re not well-informed, you could be unfairly compensated. So, unless you’re an experienced lawyer, you can hire a reliable attorney to advise you and even do the process on your behalf. Having the help of an expert will make your process a lot less stressful.
SOURCES:
Louisiana State Legislature. RS 32:398.
DMV. Louisiana Car Insurance.
FindLaw. Louisiana Negligence Laws.
FindLaw. Louisiana Car Accident Report Basics.
