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Why serious car crashes often lead to litigation

On Behalf of | Feb 4, 2025 | Motor Vehicle Accidents

Most people feel discombobulated after a car crash. Unexpected events tend to disrupt people’s plans and can make it difficult for them to respond in the most appropriate manner. Those involved in motor vehicle collisions often assume that they have protection from the risk of financial devastation.

Louisiana state statutes require that drivers carry basic liability insurance. If a driver causes a crash, then their liability policy can pay for the expenses of the other people affected by the wreck. Despite the theoretical availability of liability insurance coverage, many people involved in serious car crashes still need to consider litigation.

Why might people need to go to civil court when there should be insurance to help cover their costs?

Insurance may not be enough on its own

Although the state does require insurance, mandatory coverage amounts are not necessarily high enough to fully offset the potential losses generated by a crash. Drivers generally need to have a minimum of $25,000 in property damage liability coverage. In cases involving totaled vehicles, that much coverage may not be enough to replace the damaged vehicle.

Injuries significantly increase the likelihood of insurance falling short. Louisiana requires $15,000 of bodily injury coverage in scenarios where one person gets hurt. Drivers have to carry a minimum of $30,000 in bodily injury coverage per crash. That might mean that two or more people have to share $30,000 worth of coverage to pay for medical expenses and lost wages.

Those with catastrophic injuries may need to consider litigation. The same is true in scenarios where multiple people sustain moderate injuries in a crash.

Some drivers don’t have insurance at all

While the law requires liability insurance coverage, it also instructs people not to drive while drunk and imposes a speed limit. People frequently break those rules without considering the consequences.

The driver at fault for a collision might have forgotten to pay their policy premium or may have intentionally canceled their policy. Litigation against the driver and third parties with liability can help people cover collision costs when there isn’t insurance or the insurance available isn’t adequate.

Reviewing every possible option for compensation may help people limit their losses after major motor vehicle collisions. Generally speaking, a driver at fault for a collision has to cover crash costs either indirectly through insurance or directly as a result of litigation.