After you report a wreck to the insurance company, they will assign a single claim number that you will use to reference for the entire time your claim is open. But did you know that you actually have 2 separate claims and that the insurance company has different rules for handling them?
Property damage versus personal injury claims:
In a minor to moderate car accident case, most people’s immediate concern is the damage to their vehicle and how they will manage to get around without a car. These items (damage to your vehicle and alternate transportation/rental) are considered part of your Property Damage claim.
A property damage claim is separate from your personal injury claim. If you were injured or even if you just got checked out at the emergency room or urgent care, you have a personal injury claim. These claims include medical bills, lost wages, and “general damages,” which include things like pain and suffering and inconvenience.
These two claims are treated differently:
The rules for dealing with property damage claims are different than personal injury claims. In Louisiana, the insurance company has a certain amount of time to adjust and pay a property damage claim. (Side note: check out our video about “adequate proof of loss” for property damage claims).
In contrast, the insurance company does not have any legal time limit for adjusting or paying for your personal injury claim. Yep, even that ER bill you sent them…don’t hold your breath. BUT, in Louisiana we (the accident victims) have a deadline of one year following the date of the accident within which to resolve our personal injury claim or file suit in order to preserve it.
What To Find Out More About The Claims You Have Following A Wreck?
If you have been injured in a car accident and want to find out more about the claims you have following a wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
