When should I report a car accident?
By law, drivers in Louisiana must immediately report any vehicle accident if that accident results in injury, the death of any person, or property damage in excess of $500. To comply with this law, you’ll need to call 911 right after the accident occurs.
If a non-life-threatening emergency occurs, the operator may instruct you to call 311 or another service to report the accident. It is important that you follow through with the reporting even if the accident isn’t an emergency.
The accident will then be investigated by a law enforcement officer directed to the scene by emergency services. The officer will take down the details of the crash and may have some questions to ask you.
When the investigation is complete, a crash report will be publicly available. Our office can secure it for you once the law enforcement officer completes and releases it.
When is the deadline to file a claim for a car accident in Louisiana?
Louisiana has different motor vehicle laws than the rest of the country. The Pelican State also uses different terms for standard legal concepts. For example, in Louisiana, we say “prescription” instead of “Statute of Limitations.”
The prescription for filing a car accident claim is one year. What does that mean?
Louisiana drivers have one year from the date of the crash to file a lawsuit. This is one of the shortest limits in the country. It is a limit that can pass very quickly while you’re recovering from car accident injuries or waiting to receive reports from any investigations.
This limit applies to any claim for injury or vehicle damage by a driver, passenger, pedestrian, motorcyclist, or bicyclist. Missing it almost certainly means losing your ability to negotiate for fair compensation. To avoid this, speak to an experienced as soon as possible after the car accident. This will give you and your legal team plenty of time to build the strongest case possible before the one-year deadline.
I was partially at fault, am I still eligible for compensation?
Louisiana car accident judgments are subject to comparative negligence law. This means that a court can find you, the victim, partially at fault for your car accident. You can still recover damages for your case if you are found to be partially at fault. However, the court will reduce your award by the percentage that it decides you were at fault.
Let’s explore this with an example. Imagine that you successfully make a claim for an injury in the amount of $100,000. If you received a $100,000 award and were found to be 20% at fault for the car accident, your award would be reduced by 20% to $80,000. An insurance claims adjuster will use the same logic in determining what it will offer as a settlement.
Obviously, there is no empirical measure of fault. Any assignment of liability is really a judgment call that is subject to your ability to negotiate with insurers or persuade a judge or jury. Evidence that you or your lawyer collect from the accident scene can be crucial to this process. So can the witnesses that you collect and what is said to your insurance company.
An experienced car accident attorney with knowledge of past awards and how “fault” is determined can be invaluable in helping you through this process.
How Much Compensation Will I Get From The Insurance Company?
If you are in an accident involving a driver who is at fault for the accident, chances are the driver has personal car insurance. Like most states, Louisiana requires drivers to carry this insurance. Failing to carry this insurance can lead directly to fines and loss of license. That existing personal liability insurance will extend to rental cars and cover injuries as well as damages suffered by others.
All insurance policies only pay up to the policy limits. The amount that your insurance or the insurance of other drivers covers will vary based on the cost and the quality of the policy. Your insurance may only cover a small portion of the damages that you suffer in an accident.
In Louisiana, drivers of personal use vehicles are required to maintain at least the following levels of liability insurance coverage:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $25,000 for property damage per accident
The car insurance policies that you can buy on the open market will not carry less than this amount. However, you have the option of buying car insurance that covers significantly more. Many policies also include comprehensive and collision coverage. Some rental car companies require renters to provide proof of insurance coverage from a personal car insurance policy in order to waive their liability or collision coverage. The level of coverage will depend on the state requirements in which the policy was issued.
What Is Personal Injury Protection (PIP)?
PIP is a type of insurance that is available in no-fault states. It covers the policyholder’s medical bills regardless of who was found to be at fault for the accident. Unlike many states, Louisiana does not require drivers to carry personal injury protection (PIP).
Personal injury protection is not available in Louisiana. However, while this coverage is unavailable from any car insurance policy, you may be able to find a policy that provides similar protection in the form of a provision called “MedPay.”
If your policy includes MedPay, you can get coverage for your injuries even if you are found to be at 100% fault for the accident. MedPay typically covers less than the PIP protection that you can get from policies in other states. This makes it all the more important that you make a successful claim if you need coverage for medical bills.
What Is The “No Pay No Play” Law And What Does It Mean?
Louisiana is one of a few states that has passed a “No Pay No Play” law. This law bars uninsured and under-insured drivers from collecting the first $15,000 dollars of any claim of bodily injury and the first $25,000 of any claim of property damage.
that means that if you drive without insurance, you cannot make claims before a certain limit—even if another driver is found to be completely at fault for the accident. Neither they nor their insurance will be responsible for your damages unless those damages exceed the limits listed above.
While the “No Pay No Play’ applies to most car accidents, there are some important exceptions. Even if you drive without insurance, you may still be able to make full claims against the other driver if that driver:
- Was intoxicated
- Caused the accident intentionally (for example, by ramming your car)
- Was engaged in committing a felony crime
- Was fleeing from the scene of a crime
- Struck you while you were parked
This law doesn’t apply if you are an out-of-state driver or have out-of-state insurance, even if that insurance doesn’t cover enough to meet Louisiana standards.
Car Accidents
How can Charbonnet Law help me Recover Compensation for my Car Accident?
Car accidents can be a traumatic event, leaving physical and emotional scars for life. Navigating the legal process can only add to the stress, making it hard to move forward. That’s why the Charbonnet Law Firm in New Orleans is here to help you fight for the compensation you deserve. Even if your injuries seem minor, seeking the help of a car accident attorney is crucial to ensure that your condition is properly diagnosed and treated.
With over 50 years of legal experience, Charbonnet Law Firm is a trusted and respected name in the New Orleans area and surrounding Louisiana communities. We pride ourselves on providing personalized legal services tailored to each client’s individual needs. Our dedicated legal team offers a free initial consultation to discuss your options and provide well-researched legal advice. Trust us to work tirelessly to protect your rights and achieve the best possible outcome for your case.
Our lawyers specialize in complex injury cases and have a track record of success in handling them. We take a collective team approach, utilizing thorough research and medical experts when necessary. Our lawyers are prepared for trial should a case need to be litigated. In addition to injury cases, our team also provides legal services for estate planning, drafting wills, and handling successions. With a focus on helping our clients through difficult times, Charbonnet Law Firm is your partner in the fight for justice.
Get the justice you deserve, call Charbonnet
Law Firm today for a free consultation.
Real Results for Car Accident Claims
We have recovered millions of dollars in settlements for clients over the years. With three generations
representing injured people in New Orleans, our team would be happy to fight for you.
Why Charbonnet Law Firm is the Best Choice for Car Accident Legal Assistance?
At Charbonnet Law Firm, our team of attorneys are not only experienced but also have deep roots in the New Orleans area. This gives them a unique understanding of local car accident laws and the community. With more than 50 years of combined legal experience serving families in the New Orleans area and surrounding Louisiana communities, our team is well-connected and respected within the community. We pride ourselves on providing personalized legal services tailored to each client’s individual needs.
Our focus on complex injury cases is a testament to our commitment to providing the best possible outcome for our clients. We take a collective team approach when handling these cases, which requires thorough research and medical expertise. By combining the experience of multiple attorneys, we are better prepared for trial should a case need to be litigated. But it’s not just injury cases that we handle, our team also represents families that need other legal services, such as probate services such as drafting wills, handling successions, and estate planning, we are here to help you in every step of the way.
Diagram of the Legal Process
for Car Accident Cases in New Orleans
Here is a diagram in markdown mermaid syntax that illustrates the general steps involved in the legal
process for car accident cases in Louisiana
As you can see, the process typically begins with a consultation with an attorney, followed by an investigation of the accident and the gathering of evidence. The attorney will then negotiate with the insurance company on your behalf, and if a settlement cannot be reached, they may file a lawsuit. The case will then proceed to litigation, which may involve settlement negotiations, discovery, and possibly a trial.
Got into a car accident in New Orleans? Here’s what you need to know
Being involved in a car accident can be overwhelming, but taking swift and informed action can greatly impact the outcome of your claim. That’s why we’ve put together these 5 essential steps for you to follow:
- Remain at the scene and call 911 for any injuries
- Gather information and take photos of the incident
- Seek medical treatment immediately if injured
- Report the accident to the authorities if necessary
- Contact a local car accident attorney in New Orleans
At Charbonnet Law Firm, our team of experienced car accident attorneys understand the local laws and community in New Orleans. With more than 50 years of combined legal experience, we are well-connected and respected in the area. Our focus on complex injury cases demonstrates our commitment to providing the best possible outcome for our clients.
We take a collective team approach when handling car accident cases, which requires thorough research and medical expertise. By combining the experience of multiple attorneys, we are better prepared for trial should a case need to be litigated. Our attorneys will guide you through the process and help with everything from medical evaluations to negotiating with insurance companies on your behalf.
Don’t wait, let our skilled and caring legal team help you. Contact Charbonnet Law Firm today and let us take care of all the confusing details, while you focus on recovering.
Experience Winning Results with Charbonnet
Law - Reputed Attorneys You Can Trust
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Law Firm today for a free consultation.
Real-life success stories with Charbonnet
Law’s car accident attorneys
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Car Accident Statistics in New Orleans
$3 billion each year in the form of lost time and wasted fuel
Congested roads choke commuting and commerce and cost Louisiana drivers $3 billion each year in the form of lost time and wasted fuel. In Louisiana’s most congested urban areas, drivers lose up to $1,312, spend as many as 60 extra hours per year stuck in traffic and waste 26 gallons of fuel due to congestion.
Designated fines for common Louisiana traffic violations
While a speeding ticket is most commonly associated with driving over the speed limit, it’s possible to receive jail time as well. In Louisiana, it is possible for first-time violators to receive 30 days of jail. “The following are designated fines for common Louisiana traffic violations: Speeding: $200-$500 fine and up to 30 days in jail for a first offense; $350-$1000 fine and up to 6 months in prison for subsequent offenses.”
Louisiana Car Accident Laws & FAQs
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Law Firm today for a free consultation.
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