Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
After a car accident, it can be hard to know what to do first. You may be dealing with pain, a damaged car, and a lot of questions about what happens next.
The first few things you do can also matter later if you need to make an insurance claim or seek compensation. So, what should you do after a crash in New Orleans?
Here are 10 important steps to take, from getting to safety and calling 911 to documenting the crash and getting medical care.
The first thing to do after a crash is stay put. If you can safely move your car out of traffic, do so, but do not leave the scene unless you need emergency medical care or the area is unsafe.
Leaving can create legal problems, especially if someone is injured. If you must leave for medical treatment, make sure the police know where you are going and how to contact you.
Once you are somewhere safe, call 911. If anyone is hurt, ask for an ambulance. In New Orleans, NOPD can respond to the crash and document what happened.
Louisiana law requires reporting certain crashes, including those involving injury, death, or at least $500 in property damage under La. R.S. 32:398.
The police report can also become useful later when you are dealing with an insurance claim, so make sure you get the report information before you leave.
You will probably be asked what happened. Tell the police what you know, but stick to the facts. You do not need to decide who was at fault at the side of the road.
Even a simple “I’m sorry” can sometimes be used to suggest that you accepted blame. That matters because Louisiana considers each person’s share of fault when deciding how much they can recover under Civil Code article 2323.
If you can move around safely, take pictures before the scene changes. Photograph the vehicles, damage, road conditions, traffic signs, and anything else that may have played a part in the crash.
Take a few wide shots as well as close-ups. If you have visible injuries, photograph those too. Our guide on documenting the accident scene has more information on what to capture.
Before everyone leaves, exchange information with the other driver. Get their name, phone number, driver’s license information, plate number, and insurance details.
If several vehicles were involved, get information from each driver. Taking a quick photo of the insurance card and driver’s license can be easier than trying to write everything down while you are shaken up.
You may feel fine immediately after a crash and still be injured. Pain from whiplash or a concussion, for example, may not become obvious until later.
If you are hurt or have any concerns, get medical attention. Follow your doctor’s advice afterward and keep your medical records and bills. That gives you a clear record of what happened to your health after the crash.
Once you have had a chance to settle down, write down what you remember about the crash. Where were you driving? What was the weather like? What did the other driver do? Was there a traffic light or stop sign?
You may remember details now that become harder to recall weeks or months later. Even a quick note on your phone can help.
Not every fender-bender needs a lawyer. But if you were seriously injured, your recovery is taking time, or the insurance company is disputing responsibility, it can help to understand your options early.
A New Orleans car accident attorney can review the facts, explain how Louisiana’s fault rules apply, and help you avoid mistakes while your claim is being handled.
There is also a deadline to keep in mind. For crashes on or after July 1, 2024, Louisiana generally gives you two years from the date of injury to file a lawsuit under La. Civ. Code article 3493.1.
Report the crash to your insurance company and provide the basic facts. This is also a good time to find out what coverage you have, including uninsured/underinsured motorist coverage.
You do not have to guess about fault or give a recorded statement to another insurer before you understand what you are being asked. If an adjuster wants a recorded statement, you can take time to consider your response.
Finally, do not stop paying attention to your recovery once the first few days have passed. Keep your medical appointments, follow your doctor’s instructions, and go to any recommended follow-up care.
Your health comes first. Keeping up with treatment also gives you a clearer medical record of your injuries and recovery if you later need to make a claim.
If the crash involves an injury, death, or at least $500 in property damage, Louisiana law requires you to report it. In New Orleans, that means calling NOPD. La. R.S. 32:398
For crashes on or after July 1, 2024, the general deadline is two years from the date of injury. Earlier crashes generally had a one-year deadline.
No. Louisiana follows an at-fault system, so the driver responsible for the crash is generally responsible for the resulting damages.
It can still be a good idea. Some injuries take time to show up, and getting checked creates a medical record if symptoms appear later.
Your uninsured/underinsured motorist (UM/UIM) coverage may help pay for your losses, depending on your policy. Louisiana insurers generally must offer this coverage unless they reject it in writing.
A car accident can leave you dealing with injuries, repairs, insurance calls, and questions about what happens next. If someone else caused the crash, you should not have to figure out the claim on your own.
Charbonnet Law Firm has represented people injured in New Orleans car accidents for three generations. We can look at what happened, explain your options, and help you understand what your claim may involve.
If you were injured in a car accident, call (504) 888-2227 for a free consultation.
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.
