Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
A car accident can leave you with injuries, vehicle damage, insurance questions, and a lot to deal with at once. If you have been in a crash, knowing what to do next can help you protect your health, your records, and your legal rights.
This guide covers the immediate steps to take after a crash, how to document the accident, how to deal with insurance, Louisiana’s fault rules, and deadlines that may affect your claim. A New Orleans car accident lawyer can also help if you were injured.
Your safety comes first after any crash. Once you are safe, there are a few key steps to take:
Check yourself and your passengers for injuries. Call 911 if anyone needs medical attention and wait for emergency responders. If the vehicles can be moved safely and are blocking traffic, move them out of the roadway.
Do not leave the scene of a crash involving injuries or significant damage. Leaving before following Louisiana’s reporting requirements can create legal problems later.
Your health and safety come before insurance claims or questions about who caused the accident.
If the crash involves injuries, serious damage, or a dangerous situation, contact the police. In New Orleans, the New Orleans Police Department (NOPD) generally handles crashes within the city and prepares a report. It may include information from the drivers and witnesses, along with the officer’s account of what they saw.
The report does not decide who was at fault, but it can be useful when dealing with an insurance company or making a claim.
Louisiana law also requires drivers to report certain crashes to the proper authorities under Louisiana Revised Statute 32:398.
If it is safe, exchange information with the other driver before leaving. Get their name, phone number, driver’s license, insurance details, and vehicle information.
Take a few photos of the crash while you are there. Include the damage to both vehicles, the road, traffic signs, skid marks, debris, and any injuries you can see.
If someone saw the crash, ask for their contact information. Their account may help later if the drivers disagree about what happened. For more tips, see our guide on how to document an accident scene.
Some injuries do not appear right away. Whiplash, soft tissue injuries, and some head injuries can take hours or days to become noticeable.
See a doctor after the crash if you are injured or have symptoms. Keep copies of your medical bills, treatment records, prescriptions, doctor’s instructions, and follow-up appointments.
Delaying medical care can make it harder to connect your injuries to the accident.
The insurance company will want to know who caused the crash, but fault is not always limited to one person. Louisiana can assign responsibility to more than one party.
For crashes on or after January 1, 2026, you generally cannot recover damages if you are 51% or more at fault. At 50% or less, your compensation is reduced by your share of fault under Louisiana Civil Code Article 2323.
Be careful when discussing the crash with an insurance company. Avoid admitting fault or guessing about what happened before the facts are clear.
Louisiana is an at-fault state, not a no-fault state. In most cases, you seek compensation from the driver who caused the crash and their liability insurance.
After a crash, two different timelines matter:
For many Louisiana injury claims, the deadline is now two years from the date of injury for accidents occurring on or after July 1, 2024.
Missing this deadline may prevent you from recovering compensation, even if another person caused the accident. Learn more about this deadline through our guide on Louisiana’s car accident filing deadline.
What you say and do after a crash can affect your claim later. Avoid a few things while the details are still fresh, and your claim is being reviewed.
Keep your records and let the evidence speak for what happened. Insurance companies may use your statements and documents when deciding how to handle your claim.
| Step |
Action |
|
1 |
Check for injuries and move to safety |
|
2 |
Call 911 if required |
|
3 |
Exchange information with other drivers |
|
4 |
Take photos and collect witness details |
|
5 |
Get medical care |
|
6 |
Notify your insurance company |
|
7 |
Keep records and track deadlines |
Get the other driver’s contact and insurance information. Take photos of the crash and get witness contact information if you can.
Not necessarily. The first offer may not cover all of your medical bills, lost income, or other losses.
Your uninsured or underinsured motorist coverage may help, depending on your policy.
The police report is only one piece of evidence. Other information can also be used to determine fault.
Yes. You can still make a claim and use the available evidence to show what happened.
A car accident can leave you dealing with medical treatment, vehicle repairs, missed work, and an insurance claim at the same time. Having an attorney can make it easier to understand what you need to do and what compensation you may be able to seek.
The attorneys at Charbonnet Law Firm help people injured in car accidents across Louisiana. If you were hurt in a New Orleans crash, we can look at what happened, review the details of your claim, and explain your legal options.
Call (504) 888-2227 for a free consultation. We can talk through your situation and help you decide what to do next.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
