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Is Louisiana a Fault State in Regard to Car Accident Claims?

by | Jan 29, 2018 | Motor Vehicle Accidents

Louisiana is like most states when it comes to car accident claims in that the liable parties are financially responsible for the damages that any victims incur. Of course, since these damages can easily amount to tens of thousands of dollars—or more—the accident victims do not typically seek compensation from the actual at-fault motorist but, rather, from his or her insurance provider.  

As a result, Louisiana has minimum liability coverage requirements for all motorists. Under state law, drivers must purchase a policy that includes coverage for at least $25,000 in property damage, at least $15,000 in bodily injury per person, and at least $30,000 in bodily injury per collision.

Unfortunately, even when a liable motorist has more than enough coverage and admits fault, the claims process can be complicated, and hurdles are likely to arise along the way. If you were hurt in a crash with a reckless driver, a Bastrop car wreck lawyer can handle the legal aspects of your claim so you can focus on your health.

Turn to The Downs Law Firm to discuss your case with a seasoned attorney and determine the most strategic way to proceed. Call 318-284-8551 to schedule a free case evaluation.

What Is Comparative Fault? 

When it comes to personal injury claims, Louisiana is a tort state that operates under comparative fault laws. That means accident victims can recover compensation for the damages they incur even if they were partially at fault for the incident.

In the state of Louisiana, you may pursue compensation from any and all parties that played a role in the collision, regardless of how much you might have contributed to the crash yourself. You will simply be unable to recover compensation for the percentage of damages for which you are responsible.

This may sound reasonable enough, but it is important to remember that comparative fault laws only apply to formal civil suits. If you file a third-party claim with the liable motorist’s insurance provider, the company can use its own formula for calculating a fair settlement amount. Thus, the amount of compensation you can recover in a traditional insurance claim comes down to the strength of the evidence you gather, the total damages incurred, and your negotiating skills.

Since insurance adjusters are essentially professional negotiators, it is wise to hire an experienced attorney to represent your best interests during the proceedings. A lawyer will not let the adjuster bully you into accepting a settlement that does not take into account all potential costs, including both economic and non-economic damages.

If you sustained injuries in a car accident with a drunk, distracted, or reckless driver, a Bastrop personal injury attorney can interview witnesses, gather medical records, calculate damages, and negotiate with the opposing party on your behalf. Contact The Downs Law Firm today to discuss your case.

Call 318-284-8551 to schedule a free consultation. You can learn more about personal injury claims in Louisiana by visiting the USAttorneys website.