THINGS YOU ARE ENTITLED TO AFTER A CAR ACCIDENT:

After a car accident, you may be able to file a civil lawsuit seeking damages to compensate you for any related property damages or any personal injuries that you may have suffered as a result of the another party’s negligence. If the other party is later found to have acted negligently and is therefore legally held responsible for the car accident, then the court may award a sum of money to compensate you for your personal injuries and other losses, which also known as “damages.”

In Louisiana, courts will regularly award damages to any injured parties for their pain and suffering following a car accident, but in calculating the amount of money to which you are entitled, the court will consider a number of factors including the severity of the accident and the extent your injuries. If you are unable to back up your claim that your injuries caused pain and suffering, then you may only receive what is known as nominal (or partial) damages, or even no damages.

You should be aware that the courts do not appreciate those who waste judicial resources by initiating frivolous lawsuits or meritless claims, so a lawsuit may not be your first or best option after a minor car accident. This is especially true if both parties were insured as is required by Louisiana law, as you will easily be able to have your claims settled through the insurance process.

WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN A LOUISIANA OR TEXAS CAR ACCIDENT?

The driver who crashes into your car is responsible for reporting the accident to his or her car insurance company. However, you need to make sure that you contact their insurer as well. Motorists who cause accidents are often reluctant to report them. It’s very important to get complete information about the other party while still at the accident scene. You should always collect the following:

• Other driver’s name and address
• Other driver’s insurance company name and policy information
• Statements and contact information from witnesses
• Take pictures of the accident scene — most smartphone cameras are suitable.

The police will determine who is at fault for ticketing purposes. Independently, the insurer will make its own determination of fault, which may or may not match law enforcement’s assessment of fault. The insurer will take into account items such as the police report, driver and witness statements and physical evidence.

You should then inform the other person’s insurer that you have been involved in a crash with one of its policyholders. Relay only the necessary facts of the accident, even if you believe that the other driver is primarily at fault. At the very least, make sure that their insurance company has accepted liability before proceeding with any car repairs, and try to get their authorization in writing if at all possible. Most states allow car insurers to recommend car body shops, but they aren’t allowed to force you to use a particular repair shop under the law.

Although you may feel that you have not caused the accident, you should contact your insurance company also to establish your good faith in reporting the car accident which can help if the other party’s insurer denies responsibility for the accident and you need to make a collision claim later on. Technically, you should only have to notify the other party’s insurer of your damages and injuries, take your car to a body shop, visit a doctor and expect the insurer to pay your bills, but it doesn’t always work out that smoothly.

GET HELP NOW

Whether you or a loved one were recently injured in a minor rear-end collision or suffered more serious injuries in a head-on accident or otherwise, you deserve financial compensation when you weren’t the driver at fault. While it might be true that the insurance company won’t always be working on your side, you can always count on Cole Sartin to look out for your best interests and to aggressively pursue the settlement you deserve. To explore your options during a free, no-obligation legal consultation with a Shreveport car accident lawyer, please give us a call at 318-553-5577.