Louisiana’s Fault-Based Insurance System

woman holding her neck after being involved in an accident

Whenever an accident occurs, you may be unsure of what to do, what comes next, and how you go about the process. Unfortunately, this often leads to potential problems that can arise throughout the process of filing a claim.

It’s very important for you to recognize how the law handles matters following car accidents and liability. In the state of Louisiana, there is a traditional fault-based insurance system that allows you to seek compensation for the damages you sustain. Recognizing what to do when it comes time is vital to protecting your rights.

What Do the Laws Say?

Because the state operates on fault, whenever you suffer an injury as a result of someone else’s negligence, you can file a claim with the insurance company of the at-fault driver.

It’s supposed to be the other insurance company’s responsibility to pay out compensation should their policyholder be liable for the damage. However, the at-fault driver’s insurance company does not have a duty of good faith and fair dealing towards the claimant, or an obligation to protect you and provide you with the compensation you need and deserve. Instead, they try and find any possible way they can to deny compensation.

The insurance company should compensate you for losses you experience when you are injured by a negligent driver, including property damage, lost income, physical pain and suffering, emotional anguish, disability, scarring and disfigurement, and loss of enjoyment of life. However, there are various ways they will try to deny your claim, including the following tactics:

  • Unfairly investigating a claim by not analyzing the total damage and potential costs
  • Delaying a claim in hopes that you’ll take a lower settlement offer
  • Denying fault and trying to place blame on you for the accident
  • Discriminating against you for a characteristic trait and using it to make a decision against you
  • Attempting to record your statement to use it against you

What Do I Do When an Insurance Company Denies My Claim?

If you have trouble dealing with the other driver’s insurance company, you need to understand the various ways that you can protect your rights. It’s important to have a lawyer on your side who knows what tactics the insurance company may use against you and how they can be held liable for your injuries and damages.

First, you need to ensure that you take the necessary steps at the scene of the accident to preserve evidence that can be used to prove liability. This includes exchanging vital information, taking photos, speaking with witnesses, and getting medical attention from either paramedics or a doctor.

The more information and evidence you can provide to your legal team, the more likely it is that your outcome will be favorable. It’s vital to have someone on your side who is able to help you pursue compensation and justice while protecting you from the actions of the insurance company.

At Parker Alexander, we are genuinely committed to helping individuals during their times of need. We want to provide you with the necessary guidance to get through complex legal matters and pursue the outcome you deserve.

Our Monroe car accident attorneys are ready to help you throughout the process, allowing you to focus on your own recovery while we focus on dealing with the insurance company. We’re here to give you the voice you need to move forward successfully.

Call our legal team today at (318) 625-6262 and learn how our team may be able to help you pursue the compensation you deserve.

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