See what to do after a Louisiana car accident to protect your health and preserve your right to injury compensation.
Impaired and distracted drivers are the leading causes of traffic accidents in Louisiana, with nearly 1,000 fatalities every year.¹
When you or a family member are hurt in a motor vehicle accident, you deserve fair compensation from the at-fault driver. Usually that means filing a claim with the driver’s auto insurance company. Here’s what you need to know to protect your interests and build a strong injury claim.
What to Do After a Louisiana Car Accident
There are five steps you can take at the scene of the crash to protect your interests and safety.
1. Stay At the Scene and Exchange Information
Louisiana accident law requires drivers to immediately stop at the scene and share their name, address, and license number of their vehicle, and report the accident to the police.
Failure to stop at the scene is considered a “hit and run” accident. The hit-and-run driver is subject to stiff penalties. A driver who flees from an accident involving serious or fatal injuries may face up to $5,000 in fines and imprisonment for up to ten years, with or without hard labor.
2. Call 911 and Help the Injured
Louisiana drivers are required to render aid to the seriously injured, to the extent they can help the person without putting themselves or others at risk.
Calling 911 to ask for medical assistance helps meet the requirement to render aid. If you are able, help the injured as best you can until emergency responders arrive.
3. Seek Prompt Medical Treatment
Most car accidents are sudden, loud, and violent. When you’ve been tossed around or jolted by the impact of a collision, it’s normal to experience a rush of adrenaline as your body responds to the threat. However, that adrenaline rush can mask symptoms of serious injuries.
Never refuse medical attention at the accident scene. Let emergency responders evaluate you for injuries. If medics want to transport you to the hospital, go with them.
If you aren’t taken directly from the scene, get a medical evaluation as soon as possible, preferably on the day of the accident. See your personal doctor, go to the hospital emergency department, or visit an urgent care center.
Tell the medical provider when and how you were injured. Discuss every symptom and injury, even scrapes and bruises, shakiness, and nausea. It’s important for your medical records to tell the full story of your injuries. You’re entitled to compensation for all your damages, not just a specific injury.
Refusing or delaying medical care after an accident gives the at-fault driver’s insurance company an excuse to deny or limit your potential settlement.
4. Gather Evidence From the Scene
Louisiana is a traditional fault or “tort” state, meaning the at-fault party is liable for your damages. Before the other driver’s insurer will pay, you have the burden of proving they were responsible for causing your injuries.
The police crash report is strong evidence of fault, especially when the other driver was ticketed for a traffic law violation.
Other types of evidence include:
- Photos and video of the crash scene
- Statements from independent witnesses
- Your notes about what happened
5. Notify Both Insurance Companies
In Louisiana, you have the right to seek compensation from the at-fault driver and other liable parties. For example, if you are hit by a company vehicle, you can file a claim or lawsuit against the at-fault driver and the driver’s employer.
Notify the at-fault driver’s insurance company of your intent to file an accident claim. You can send a notification letter or you may be able to file a claim online.
You should receive an acknowledgment from the insurance company and a claim number. If you are filing an injury claim and a property damage claim, you may get a unique claim number for each type of claim. Vehicle repairs are usually processed separately from injury claims.
Contact Your Own Insurance Company
Your auto insurance policy is a legally binding contract between you and your insurance company. The policy has a notification and cooperation clause, meaning you’re required to notify the insurer of any accident you are in and to cooperate with their investigation.
You must notify the insurance company even when the accident isn’t your fault, or if you and the at-fault driver happen to have the same insurance company.
In return, your insurance company has a duty to defend you if you get sued by someone claiming to have been injured in the crash.
Louisiana Fault and Liability Rules
Louisiana is an “at-fault” liability state. You can seek compensation for all your damages, including pain and suffering, from the at-fault driver and any other potentially liable parties. In most cases, you or your lawyer will be dealing with the at-fault party’s insurance company.
Unlike a “no-fault” state, you don’t have to rely on your own insurance policy after an accident. But you can use applicable coverage if it’s easier for you.
For instance, if you have collision coverage on your policy, you may decide to have your own insurer handle your car repairs. Then your insurer will seek reimbursement from the at-fault driver’s insurance company, including any deductible you paid. Your recovered deductible will be returned to you.
Louisiana Shared Fault Rules
Louisiana follows a pure comparative fault rule. That means each party is responsible for their share of fault, if any. If you seek compensation from the other driver, your compensation will be reduced by your percentage of blame for the accident.
Example of Pure Comparative Fault in Louisiana
Kevin was traveling east on Mollylea Drive in Baton Rouge, approaching the intersection of Marilyn Drive. Tracy was traveling west on Mollylea, also approaching Marilyn Drive.
Kevin and Tracy both had a green light while approaching the intersection. Kevin stepped on the gas, intending to travel straight through the intersection before the light changed. At the same time, Tracy had begun a left turn onto Marilyn Drive. Kevin’s SUV collided with the front passenger side of Tracy’s sedan.
Both drivers suffered injuries. Tracy was ticketed at the scene for failing to yield to oncoming traffic. The police crash report included a witness statement that Kevin had come “flying through the intersection,” causing the crash.
Kevin filed a $20,000 injury claim with Tracy’s insurance company. When settlement negotiations failed, Kevin filed a lawsuit.
At trial, the jury heard from the driver who had been following Kevin before the crash. He testified that Kevin rapidly accelerated while approaching the intersection, although Tracy had already begun her turn.
The jury found Tracy 60 percent at fault for making a left turn into traffic, and Kevin 40 percent to blame for speeding. Kevin was awarded $12,000 in damages, representing a 40 percent reduction to his $20,000 claim value.
Louisiana Car Accident Compensation
Insurance companies in Louisiana payout over $3 billion in auto accident claims each year.
Fair compensation for minor to moderate injury claims can be calculated by adding up your economic damages, like medical bills and lost income, then adding one to three times that amount for non-economic damages, or pain and suffering.
The multiple used will depend on the severity of your injuries. A multiple of three is appropriate for a broken ankle that kept you on crutches for six weeks. A multiple of one is reasonable for a few days of sore muscles.
Use our free Louisiana Personal Injury Calculator to estimate a minor to moderate settlement.
Severe injuries and wrongful death claims should only be handled by an experienced attorney to get fair compensation for the victim and their loved ones.
Average Car Accident Settlements in Louisiana
The average injury settlement for a moderate car accident claim in Louisiana is $23,136, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $2,525 for minor injuries to $649,780 for severe injuries.
Injury payouts can vary widely, depending on the circumstances of the accident, shared fault, the scope of the victim’s injuries, and the limits of the at-fault driver’s insurance policy.
For example, look at these two rear-end accident cases with low and high payouts:
- In Baton Rouge, Craig v. Corban, 512080, a judge awarded $6,152 to the victim for soft-tissue neck injuries. The at-fault driver admitted fault but disputed the victim’s injuries.
- In East Baton Rouge, Arnold v. Hill, 480840, a judge awarded $281,922 for lower back injuries requiring disc replacement surgery. The at-fault driver denied all liability.
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Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Wrongful death
- Available insurance coverage
Auto accidents involving serious or fatal injuries are high-dollar claims. The at-fault driver’s insurance coverage may not be adequate to compensate the victims. Victims may be protected by mandatory uninsured coverage, or optional coverages they chose to purchase.
Louisiana State Minimum Insurance Requirements
Louisiana drivers are required to carry an auto insurance policy with minimum bodily injury liability limits of $15,000 per person and $30,000 per accident, and $25,000 for property damage.
Uninsured Motorist Coverage in Louisiana
Auto insurance companies in Louisiana are required to offer uninsured motorist (UM) coverage equal to the policy liability limits. The policyholder has the right to reduce the amount of coverage or choose an alternate form of UM coverage, but they cannot completely reject UM coverage.
Uninsured motorist coverage provides compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover all your damages.
How Much is Your Injury Claim Worth?
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Visitor Questions on Louisiana Claim Guide
How Much Does Insurance Pay for Medical Bills in an Auto Accident?
I was involved in an auto accident where it was determined that the other driver was totally at fault. My insurance paid my medical bills…
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April 15th, 2010, I was rear-ended at a stop sign in Louisiana. The car was totaled. I’ve had two other car accidents over six years…