New Orleans Car Accident Lawyer Car Accident Insurance FAQs

New Orleans Car Accident Lawyer Frequently Asked Questions (FAQ) Library

Auto Accident Insurance Questions

Click on any of the questions below watch the FAQ videos and read the transcripts for each FAQ.

Why should I hire a lawyer when I can negotiate directly with the insurance company and avoid paying any attorney’s fees?

Even though you can negotiate directly with the insurance company and try to come to some settlement, you should always involve an attorney. First and foremost, most people aren’t familiar with the insurance claims process, and it can be overwhelming. An attorney (based on their experience), especially at our office, we’re well versed in handling these things. Secondly, most importantly, the insurance companies own studies show that individuals who retain the services of a professional personal injury law firm like ours, on average, receive three and a half times more compensation than people who try to go it alone. What that means is if you try and represent yourself, on average you’re going to receive less money as compensation than if you hired an attorney to represent you.

What should I say to the insurance adjuster after my Louisiana car accident?

If the insurance adjuster who has contacted you is the insurance adjuster for the other driver, you shouldn’t say anything. What you should tell them is to contact my attorney. Hopefully, by that point, you’ve contracted or contacted a competent personal injury attorney like our firm. If the insurance adjuster is one for your own insurance company, still, I wouldn’t advise anybody to make any statements until they’ve had a chance to speak to their attorney about their claim before giving a statement.

What should I do if the insurance company offers me a check right away?

If you’re offered some money or a check right away from an insurance company after your car accident, do not under any circumstance agree to take that check, sign it, cash it, or anything, because it could greatly impact your rights moving forward. Instead, you should contact a local personal injury law firm like ours. We’ll be happy to take a look at it and advise you on whether or not this is the best scenario for you. Quite often these insurance companies know that accident victims don’t know their rights. They try and take advantage of that. That’s why they try and give you a check immediately in an effort to settle the claim, most often for less than what it’s actually worth.

What happens if I am injured in Louisiana by an at-fault driver who doesn't have auto insurance?

If you’re in an accident with a driver who, come to find out, did not have insurance at the time of the wreck, it’s not the end of the game. We can still investigate depending upon what insurance coverage you have, the types of coverage’s on your policy. There may still be a possibility of recovery from your own insurance company. As well as we can look into the other driver. Who they are individually, whether or not they were maybe working for a company or running an errand for somebody else at the time. It’s not the end of the road. There’s things that we can still do in an effort to try and get you the compensation that you deserve.

What happens if the other driver involved in the accident is not insured or has minimal coverage?

If the driver of the other car you’re involved in an accident with has minimal coverage or, worse yet, no insurance coverage whatsoever, there may be other things that we can look into to help protect you and make sure that you get the compensation you deserve. For example, we’ll look at your own insurance policy. Quite often, people will have what’s known as under-insured or uninsured motorist insurance. That’s basically insurance that you’ve paid for that will help compensate you for any injury that you suffered if the other driver has either no insurance or not enough insurance. Also, if you were in a company vehicle at the time, on a job errand, the company may have insurance that would apply to that situation. That includes worker’s comp as well as the insurance for the company vehicle. It’s not the end of the road if the other driver has no insurance or minimal limits. We can explore a lot of other options for you to ensure that you get the compensation you need.

The auto insurance company's attorney says my injury was pre-existing. How do I prove it was not?

One of the issues we commonly face in connection with car accident claims is whether or not an injury was preexisting, meaning was it there before the accident occurred? Insurance companies look for those types of things. If you’re claiming a back problem, they may try and say, “Well, you had a back problem before the accident anyway, we don’t owe you compensation.” What we do in those circumstances is we, quite honestly, go out and get your medical records. Go to your doctors, see if you’ve ever complained about a back problem. If you haven’t, then it’s going to be very tough for the insurance company to try and say it was a preexisting injury.

Should I speak with a lawyer before cooperating with the other party's insurance company after a Louisiana auto accident case?

Should I sign a waiver allowing the insurance company to gain access to my medical records following my Louisiana car accident?

Following an accident you’re probably going to be asked to sign any number of forms by either the other driver’s insurance company or your own. One of the most common things is what we call a medical records release, where they can obtain access to any and all of your medical records, both as a result of the accident and proceeding. No matter who it is, your own insurance company or the other driver’s insurance company, we don’t recommend that you sign any forms at all until you have an opportunity to meet with an attorney.

Should I negotiate with the insurance adjuster myself without the help of an attorney in order to settle my Louisiana auto accident case?

We don’t recommend that individuals try to handle or settle their insurance claims themselves directly with the insurance company. The reason is simple. No matter how nice that man or woman on the other end of the phone may seem, they have to answer to the rules of the bosses and the bosses are not your friend. Their entire job is to minimize the amount of compensation that you receive. While an attorney like our firm working on your behalf, our entire job is to maximize that amount of compensation. So, no. We don’t recommend that individuals try to negotiate directly with the insurance company or handle the claims on their own.

If I was injured in a Louisiana car accident, but do not have insurance, can I still sue and recover for my injuries?

If you’ve been in a car accident, and at the time of the accident you yourself did not have the proper insurance in effect at the time, it’s not over for you. However, Louisiana does have a law that’s known as No Pay, No Play. What that means is if you didn’t have insurance at the time of the accident, you don’t have the right to collect the first $15,000 as of right now of your own personal injury and the first $25,000 of your property damage. It’s not a good situation. You should always have insurance if you’re driving a car on the road. If you don’t have insurance, it doesn’t mean that you get nothing, 0, but you will forego the right to collect the first, right now, $15,000 in personal injury and $25,000 in property damage.

Do I need to call the police, or can I just exchange insurance and license information with the other driver after a car accident?

You should always call the police after an accident no matter how minor it may seem. Don’t fall into the trap of the other driver, the at-fault driver, to try to convince you just to exchange license and insurance information. The reason for this is pretty clear. It’s the police department’s job to document the accident as it occurred and to also take statements of people at the scene. Far too often we see people either forget because too much time has passed, or change their stories once they have a chance to think about the accident. So, yes. Always call the police after an accident no matter how minor it may seem. Don’t simply exchange insurance information and driver’s license information.

Do I need an attorney for my Louisiana auto accident case if the insurance company seems to be cooperating?

We absolutely recommend, no matter how friendly the insurance company may seem, that you have an attorney involved in connection with the auto accident case. The reason for this is simple. That nice man or lady on the other end of the line at the insurance company, they have to answer to their bosses, and their bosses aren’t your friends. Their entire job is to minimize how much compensation they pay you following your accident, while a personal injury law firm like ours, their job is to maximize the compensation that you’re owed. They’re under no obligation to tell you what damages you may or may not be entitled to, and most people, just given a lack of training and the fact that they don’t deal with auto accident cases on a daily basis, aren’t familiar with those things as well. So, no. We don’t recommend that you try and handle your case with the insurance company, no matter how cooperative they seem to be.

Do I have to give a recorded statement to the insurance company in a Louisiana auto accident case?

While there may be a requirement to provide a statement to your own insurance company after an accident, depending on what your insurance policy provides, there’s absolutely no requirement that you have to give a statement to the other driver’s insurance company. Regardless, if you’re going to give a statement to your insurance company, or the other driver’s insurance company, you should only do so with the advice of an attorney and having that attorney present whenever you do it.

After a car accident, should I notify my own insurance company, even if it was not my fault?

If you’ve been in an accident and you yourself have insurance, you should absolutely let your insurance company know about the accident, even if the accident wasn’t your fault. The reason is this: It’s too soon right after the accident to know whether the other person had insurance, and what amount of insurance they may have. If they don’t have any insurance or they have too little insurance, we may need to make a claim with your own insurance company, and if you wait too late to notify them, they may try and prohibit you from collecting under your policy, so you should always let your insurance company know about an accident, even if it wasn’t your fault.

Disclaimer: The answers provided here are for general information and advertising purposes only. No attorney-client relationship is established prior to the execution of a written Fee Agreement by an authorized representative of the firm. Every case is unique, and there are many issues that may affect your claim. You should always seek a lawyer’s advice before taking any legal action of any kind.