There are plenty of qualified attorneys in Caddo Parish. You are doing your research, which means something has happened and you are trying to figure out your options. No one reads lawyer websites until they need one. Our clients came to us after they were injured in car accidents and found themselves facing insurance companies that were not acting in their best interests. This page explains how insurance companies handle claims after a car accident and what your legal options are. Read it. Compare us. Your decision.
Insurance Claims
After being injured in a car accident caused by another person, you can pursue compensation for the losses you suffered by making a personal injury claim with the appropriate insurance company. Depending on your particular situation, this might be your own insurance company or the insurance company of the individual whose negligence caused the accident.
Louisiana follows a fault-based insurance system. That means the at-fault driver's liability insurance is the primary source of compensation for an injured victim. If the at-fault driver is uninsured or underinsured, your own uninsured motorist (UM) coverage may apply. Louisiana law requires insurers to offer UM coverage; you must sign a waiver to reject it.
Insurance companies deny valid claims and offer below-value settlements as a matter of practice. Their top priority is their own profit margins, not the accuracy of your claim.
Insurance adjusters are trained negotiators. Their job is to close your claim for as little money as possible. They may contact you quickly after the accident, before you have had time to understand the full extent of your injuries or consult an attorney. Anything you say to an adjuster can be used to reduce the value of your claim.
How We Handle Your Claim
At Morris & Dewett Injury Lawyers, our attorneys handle insurer communications directly on your behalf. When you retain our Shreveport car accident attorneys, we review the evidence, calculate the full value of your claim, and negotiate with the insurance company. If the insurer declines to offer a reasonable settlement, we take the case to court.
Compensation in a car accident case can pay for:
- Medical expenses, including future treatment and rehabilitation
- Lost wages and reduced earning capacity
- Property damage to your vehicle
- Physical pain and suffering
- Emotional distress
Louisiana's prescriptive period for personal injury claims is one year from the date of the accident under La. Civ. Code art. 3492. Missing that deadline generally means you lose the right to file suit. If you are still treating for injuries when the deadline approaches, speak with an attorney before the period expires.
Low Settlements and Claim Denials
There are a number of reasons your insurance company might try to justify offering you a lower settlement amount or denying your claim altogether. Common tactics include:
- Disputing liability: The insurer may claim you were partially or fully at fault for the accident. Under Louisiana's comparative fault rules, your recovery is reduced by your percentage of fault. If you are found more than 50 percent at fault, you cannot recover from the other party under the 51 percent bar enacted in 2020.
- Questioning injury severity: The insurer may argue your injuries are pre-existing, minor, or unrelated to the accident.
- Delaying the process: Extended delays can pressure injured victims into accepting low offers out of financial necessity.
- Recorded statements: Adjusters may ask for a recorded statement and use your words to undercut your claim.
Each of these tactics can be challenged with evidence. Our attorneys gather accident reports, medical records, expert testimony, and witness statements to build a documented case for the full value of your claim.
View our case results to see examples of what our team has recovered for car accident clients. Past results are not a guarantee of future outcomes; every case depends on its own facts.
Frequently Asked Questions
- Q: Should I speak with the insurance company after a car accident?
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You are required to report the accident to your own insurance company. You are not required to give a recorded statement to the other driver's insurer or to accept their first settlement offer. Before you speak with any adjuster beyond basic notification, consulting an attorney protects you from inadvertently reducing the value of your claim.
- Q: What if the insurance company denies my claim?
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A denial is not the end of the process. Insurers must provide a written explanation for a denial. If the denial is based on a misapplication of your policy or a disputed liability finding, that decision can be challenged. An attorney can review the denial, gather additional evidence, and either reopen the claim or file suit.
- Q: How long do I have to file a car accident claim in Louisiana?
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Louisiana's prescriptive period for personal injury claims is one year from the date of the accident under La. Civ. Code art. 3492. Property damage claims follow the same one-year period. If a government entity is involved, you may need to file a formal notice much sooner. Do not wait until the deadline approaches to seek legal advice.
- Q: What is an uninsured motorist claim?
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An uninsured motorist (UM) claim is a claim you file with your own insurance company when the at-fault driver carries no insurance or insufficient insurance to cover your damages. Louisiana requires insurers to offer UM coverage as part of any auto policy. If you rejected UM coverage, that rejection must have been in writing. An attorney can verify whether valid UM coverage applies to your situation.
- Q: What does "comparative fault" mean for my settlement?
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Louisiana uses a comparative fault system. If you are found partly at fault for the accident, your compensation is reduced by your percentage of fault. Under the 2020 tort reform law, if you are found more than 50 percent at fault, you cannot recover damages from the other party. Insurance adjusters may try to assign you a higher percentage of fault to reduce what they owe. An attorney can counter those arguments with evidence.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.