Is Louisiana a No-Fault State for Auto Accidents?

If you’ve been in a car accident in Louisiana and you’re about to start dealing with your insurance company, the first question that comes to mind is likely, “Is Louisiana a no-fault state for auto accidents?” The answer is no, so if you or someone you love has been injured in a crash, it’s important to speak with a Baton Rouge car accident lawyer as soon as possible.

That’s because in a fault-based system, you need to show that the at-fault driver breached a duty of care, and that breach caused your injuries; this often involves negotiation with insurers or, if necessary, litigation.

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Understanding Louisiana’s Fault-Based System

Louisiana can be a dangerous place to drive: Cities like New Orleans are filled with tourists and residents competing for space on the roads, and recent car accident statistics in Baton Rouge further illustrate these risks. Traffic on I-10 can be horrific. Sudden flooding rains can make it impossible to drive safely. More than 2.44 million people were injured in car accidents in 2023, and shockingly, the average liability claim was only $26,000, when non-lethal accidents cost around $162,000 per accident in damages.

When it comes to car accidents, Louisiana isn’t a no-fault state. In no-fault states, your own insurance pays for medical bills and certain damages, no matter who’s responsible for the crash. Louisiana is different. Here, someone has to be clearly at fault before you can get compensation. This means if you’re hurt in an accident, you need to show that the other driver was negligent in order to file a car accident claim against them or their insurance company.

If you can prove it, the at-fault driver might have to cover your medical bills, your lost income, your property damage, and even your physical pain and emotional suffering.

Because Louisiana is a fault-based state, these costs aren’t automatically covered by your own insurance. That means your insurance company generally won’t pay for any of your damages unless the other driver is legally determined to be at fault. In other words, your ability to recover these expenses depends on proving that the other driver caused the accident.

That’s why having an experienced Louisiana car accident attorney is so important. They know how to deal with insurers, protect your rights, and fight to make sure you get the recompense you deserve.

How Insurance Companies Try to Shift the Blame

When a car accident happens in Louisiana, the at-fault driver’s insurance company is supposed to cover your damages. In reality, however, insurance companies often look for ways to reduce the amount of money they have to pay. Even if you weren’t at fault, they could try to shift the blame onto you or downplay your injuries. Some common tactics insurance companies use to try and shift the blame include:

• Claiming you were partially responsible for the accident, even if your role was minimal
• Downplaying or disputing how serious your injuries are
• Questioning your version of events to create doubt about liability
• Offering a quick settlement that’s much lower than what you actually deserve

The only way to fight back is with strong evidence. Police reports, photos from the scene, witness statements, and medical records can all help to show exactly what happened. A Louisiana car accident attorney can gather this evidence, handle communications with insurers, and make sure the insurance company can’t take shortcuts or undervalue your claim.

Why You Need to Hire a Car Accident Lawyer

After a car accident in Louisiana, handling the process on your own isn’t only overwhelming, but not recommended. Between insurance companies trying to minimize your payout, mountains of paperwork, and legal deadlines, the entire process is almost designed to be as stressful as possible.

Hiring an experienced car accident lawyer, however, can give you the guidance, support, and strong advocacy you need to fight for your rights. A Louisiana car accident attorney can help by:

• Collecting evidence like police reports, witness statements, and photos to prove who was at fault
• Communicating with insurers, negotiating settlements, and pushing back against lowball offers
• Ensuring all your losses are accounted for, including medical bills, lost wages, property damage, and physical pain and emotional suffering
• Correctly preparing and filing paperwork, meeting deadlines, and taking your case to court if necessary

Hiring a car accident lawyer is about having someone in your corner who can fight for your rights. With an experienced attorney on your side, you don’t have to navigate the system alone, and you have a much stronger chance of getting the recompense you deserve.

FAQs

How Long Do I Have to File a Car Accident Claim in Louisiana?

In Louisiana, the statute of limitations for personal injury claims from a car accident is generally two years from the date of the accident. If you miss this deadline, you forfeit any right that you have to pursue the compensation you’re entitled to. A Louisiana car accident attorney can make sure your claim is filed on time and help you gather the necessary evidence to support your case.

Can I Still Recover Damages if the Accident Was Partially My Fault?

You can still recover damages even if the accident was partially your fault. Louisiana goes by a comparative fault system, which means you can be assigned a percentage of blame for your part in the accident. When compensation is awarded, it’s then reduced by that same percentage that was assigned to you.

Do I Need to Keep Records of My Medical Treatment?

Yes, you need to keep records of your medical treatment. You should also keep a detailed record of all medical bills and any prescriptions you need to take. This information can be essential to support your car accident claim, as these documents help prove the extent of your injuries and the amount of money you had to pay out of pocket.

What Happens if the At-Fault Driver Doesn’t Have Enough Insurance?

If the at-fault driver doesn’t have enough insurance to cover your damages, you might be able to use your own underinsured motorist coverage if your policy includes it. This can help pay for medical bills, lost wages, and other expenses. If you don’t have this coverage, an experienced Louisiana car accident attorney can pursue other avenues of compensation.

Take Action and Protect Your Rights

At Knightshead Law Firm, we fight for accident victims every day. Our team advocates aggressively on your behalf, gathers the evidence needed to prove fault, and negotiates with insurers to make sure you get the recompense you deserve.

Contact us today to schedule a consultation.