What Happens After a Car Accident That Is Not Your Fault in Louisiana?

What happens after a car accident that is not your fault in Louisiana? Though various factors play a role, you can expect to take action to protect yourself, report the incident, and then file a claim against those who caused you losses after a car accident that is not your fault in Louisiana. 

Consider what you should do in the ideal situation, including talking to a New Orleans car accident lawyer.

Get to Safety and Get Help

In the moments after a car accident that is not your fault in Louisiana, take a deep breath, assess the situation, and then focus on your well-being and safety. If you can do so, move yourself and anyone in your vehicle out of harm’s way, such as moving to the shoulder of the roadway. If it is safe to do so, see if the other party is in need of help.

Then, prioritize your safety by calling 911. Even if everyone seems okay, the police arriving at the scene will help document your injuries and losses and enable you to start collecting evidence. Because you do not believe you are at fault, you may be tempted to make statements about your health or what you were doing. Only offer facts about the accident.

The police will document the scene and, ultimately, they will make the initial decisions about whether or not you are at fault, even slightly, in the accident. This is dependent on the information at the scene, witness statements, and the damage to vehicles.

Gather Evidence for Yourself

When you are able to do so, take photos of the surrounding area. Capture a video of the area as well, demonstrating where you are compared to other vehicles and the intersections nearby. This information helps you to demonstrate what happened after the accident that was not your fault in Louisiana.

You also need to get the information from the other driver. That includes their name, contact information, and their insurance information. If you are not at fault in the car accident, you will be able to file a claim against their liability insurance for your losses. You will need this information.

At the same time, you should also gather information from anyone who witnessed what happened. Request their name and contact information, even if they provided it to the police. That information will help you substantiate your claims later if there is any question over fault with the help of a Louisiana personal injury lawyer.

Prioritize Medical Care

Even if this accident is not your fault, you need to get medical care. Do not wait to do so. If you delay in getting to the hospital or urgent care after an accident, the insurance company may question how serious your injuries are and what losses you really have.

After going to the hospital, follow all recommendations for testing and follow-up care. If you need extensive treatment, follow your doctor’s orders to stay in the hospital and focus on your recovery. There is no benefit to leaving too soon and putting your health on the line.

Keep all your medical appointments, including follow-up care, further treatment, and testing. That helps to substantiate your claims later. The cost of all recommended care will fall on the shoulders of the at-fault party. For that reason, seek out comprehensive care so you can heal. Our FAQs section has more information on car accidents that are not your fault in Louisiana.

Alert the Insurance Company of the Incident and File a Police Report

You will need to alert the insurance company of the at-fault party about the accident. This is just a notification of what occurred, and it should not involve extensive information sharing. You do not need to document all of your injuries just yet, no matter how nice the insurance agent is.

You will also need to file a police report if you did not complete one with the police at the scene of the accident or in the hospital. Only provide facts about what happened, and do not feel you need to document all of the details of your injuries just yet. Your goal here is to ensure the police can make a formal statement about who is at fault.

The insurance company will use this information to help document what took place and as a way to look for holes in your claims. You may find that they are not really working on your behalf at this point, but are trying to encourage you to settle for less than you are owed.

Hire a Car Accident Lawyer in Louisiana

In a serious car accident, having a lawyer is critical to navigating the rest of the process of filing a claim and recovering damages. Your lawyer will take over all communication with the at-fault party and their insurance, while also working to support you as you pursue your health and well-being. From here, your attorney will guide you through the rest of the process:

• Gather evidence and investigate the case to determine if any other party besides the driver of the other vehicle is responsible for your injuries and losses.
• Determine what all of your losses are, including medical bills, lost wages, pain and suffering, and loss of quality of life.
• Submit your claim to the insurance company and negotiate fair compensation for yourself.
• If the insurance company does not fairly provide compensation, your attorney will file a lawsuit against it. This generally encourages the insurance company to investigate and determine if they should settle. Most will do so.
• Going to court if there is a need to do so. Your lawyer will pursue a lawsuit in situations where fair compensation has not been possible to reach.

Most of the time, in an accident in Louisiana, you will receive a settlement from the insurance company based on the claim you file. Your attorney will remain by your side throughout this process to ensure you are getting fair compensation. Watch our video reviews to learn more about us today.

Set Up a Free Consultation

For those who are hurt in a car accident, seeking the help of an attorney is a critical step in protecting your rights. A free consultation can answer your questions. 

Call Scott Vicknair Injury Lawyers today to discuss what happens after a car accident that is not your fault in Louisiana.