Insurance covers the vast majority of collisions that occur in Louisiana. State law mandates liability insurance coverage, so those affected by a wreck can quickly make a claim after a crash for their losses. The coverage someone carries protects them from personal liability for the wreck and significantly reduces the possibility of someone facing litigation after causing a collision.
Despite laws requiring insurance that should reduce the risk of people going to court, sometimes car crashes still result in personal injury lawsuits. People affected by collisions sometimes choose to take another driver or even a third party to civil court to pursue more compensation.
State law does allow for such claims, both when someone suffers injuries themselves and when someone’s family member dies in a wreck. Car crashes are a common cause of personal injury claims in Louisiana. Why would someone involved in a crash decide to take the at-fault driver to civil court?
The driver doesn’t have insurance
Often, the decision to go to court is not truly a completely voluntary one. People may have little choice because there isn’t liability coverage available after the wreck. They have to choose between absorbing those losses themselves and taking action against the other party.
Even if you have uninsured motorist protection on your own insurance policy, making a sizable claim against your coverage will increase how much you pay for insurance in the future. Taking the other drive to court may be the more appropriate and fair solution so that you don’t have to absorb the costs of the crash.
There are catastrophic injuries involved
The reason that a crash results in a lawsuit isn’t because of a lack of insurance but rather due to inadequate coverage. The worse the injuries that someone suffers in a crash, the greater the likelihood that basic insurance coverage will not be sufficient. People sometimes also go to court specifically because they want justice, as might be the case after a fatal car crash.
Understanding when you may need to turn to the courts after a serious motor vehicle collision can help you evaluate your own situation to make the best choice.