Covington Pedestrian and Bicycle Accident Lawyer FAQs

Police are integral to keeping our families safe.  They put their lives on the line every day for their communities.  They handle life and death situations every day.  Piecing together car accident reports may not be high on their priority list, and that’s why you have to take steps after an accident to collect evidence yourself!

What Information Is In A Police Report?:

Most Louisiana law enforcement use the same uniform crash report form for car accidents.  The form captures lots of information.  Most importantly for car accident claims, it includes the names of the drivers and passengers involved, the owner(s) of the vehicles, information about the vehicles, and car insurance information. The police report will also state whether any tickets (citations) were issued. 

Police reports also include a narrative report stating how the accident occurred.  This is important.  However, in an estimated 25% of the reports we see, the narrative report contains an error in its description of the accident.  For example, a report may incorrectly show the position of the vehicles or show one turning right, when they were really turning left. 

Errors in police reports are understandable, as the police arrive on scene after the accident occurs.  Sometimes the drivers have already been transported to the hospital and aren’t even available to give their account of the accident.  Even when all the parties are still at the scene, the police officer must take in differing reports of what happened, sometimes even from witnesses.  They take that information, as well as visual evidence of the crash, to put together the accident report. 

Steps You Can Take To Protect Yourself In Case A Report Contains Errors:

If they are able to do so, accident victims should take it upon themselves to collect information and evidence from the scene. 

First, take as many pictures and videos of the scene as possible.  Make sure to capture the position of the vehicles, the road, any traffic signals, etc.  Once the cars are moved, that evidence will be lost forever. 

Second, get the other driver’s information, including their name, their insurance carrier, and their policy number.  Write down the make and model of their vehicle.  If possible, take a picture of their driver’s license, insurance card, and registration. 

Why Is It Important To Collect Your Own Evidence?

Collecting your own evidence is important for a number of reasons.  First, if the police report is incorrect, you will have the photos and videos to prove your case.  This is important to insurance adjusters, who are responsible for establishing liability for the accident. 

Second, even if the police report is accurate, it may take weeks to obtain it.  If you already have information regarding the other driver and their insurance, you will be able to initiate the claims process without having to wait for the police report, which will save you time.

Have You Been In An Accident And Have Questions About The Accuracy Of A Police Report?

If you have been injured in a car wreck and have questions about the accuracy of a police report, 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.

A multi-vehicle wreck or multi-car pile up can have serious consequences.  Accident victims in wrecks involving multiple people with injuries sometimes find themselves battling each other for compensation from a limited fund. 

The More Injured People In An Accident, The Less Insurance Available:

If you have been injured in a multi-vehicle accident, there is a real possibility that the amount of compensation you may be able to recover from the at-fault insurer will be limited.  Why?  Because auto insurance policies in Louisiana have bodily injury and property damage liability limits that cover the entire accident, and do not increase based on the number of injured people or vehicles involved. 

Example:

Say you are a victim of a car wreck on US Highway 190 in Covington.  It was a major accident involving multiple vehicles.  The at-fault driver clipped a car, then rammed into the back of your truck, causing you to hit the vehicle in front of you.  All three vehicles were totaled.  To make things worse, each of the three vehicles had a passenger in them, and all 6 occupants (drivers and passengers) were injured. 

The at-fault driver had State Farm.  He had the minimum 15/30/25 coverage.  That means, he had bodily injury liability coverage in the amount of $15,000 per person up to a limit of $30,000 for each accident (everyone who was injured), and property damage limits of $25,000. 

In this scenario, State Farm will have only $30,000 TOTAL to cover the medical expenses and general damages of all six injury victims.  Unfortunately, all six went to the hospital and the ER bills alone total $40,000.  What makes matters worse is that all three vehicles were totaled and have a combined actual cash value of $80,000.  State Farm only has $25,000 to cover this.

As you can see, getting in a muti-vehicle wreck can mean that the at-fault driver’s insurance coverage may be inadequate to cover the losses. 

What Will The At-Fault Insurance Company Do If Their Limits Are Not Sufficient?:

As an initial step, the insurance company for a driver who causes a multi-vehicle and/or multi-injury wreck will try to figure out if it can settle the claims of all the drivers with the amount of coverage it has available.  If they believe this is possible, they will request that all the parties send in their claim information, including medical bills and records, and then make settlement offers to each claimant. 

If, on the other hand, the insurance company realizes that settling all the claims within its policy limits will be impossible, it will do one of two things.  Sometimes the at-fault insurance company will try to determine the most serious claims and try to settle those from the policy limits.  If they can, they have effectively eliminated the most serious exposure to their insured (the at-fault driver).  However, it also means that several other claims, albeit smaller claims, may remain to pursue the at-fault driver personally.  (As a side note, the at-fault driver’s insurance company would still have to provide them with a defense if they were sued). 

If the at-fault insurance company decides that it is impossible to settle with any of the injured claimants within its limits, it may not make personal injury offers to anyone.  In such a case, the injured parties would have to sue the at-fault driver and his insurance company.  

Finally, with regard to property damage, in Louisiana the at-fault insurer is legally required to pay such claims.  In a multi-vehicle accident involving a limited amount of property damage coverage, the insurance company typically evaluates each person’s loss, then divides the available policy limits “pro-rata” (proportionately) among the claimants. 

So, what should you do to avoid this scenario?

How Do I Protect Myself From Limited Insurance?:

Having an efficient and fast attorney on your side is one step you can take to help maximize your recovery in a multi-vehicle accident case.  An attorney who quickly gathers your medical bills and records and submits adequate proof of loss to the insurance company gives you the best chance of recovering before everyone else.  If the at-fault insurance company decides that it doesn’t have enough coverage to pay all the claims, but decides to pay some of them, having your paperwork ready on their desk gives you the best chance of recovering. 

Also, make sure to have UM (uninsured/underinsured motorist) and collision coverage!  We cannot stress this enough and have done many other articles on this issue alone.  UM insurance will provide additional insurance to you in the event the at-fault driver was uninsured or doesn’t have enough insurance to cover your injury claim.  Collision coverage is similar and covers damage to your vehicle, regardless of who was at fault for the wreck.  Make sure you have these coverages!

Have You Been In A Multi-Vehicle Accident And Are Worried That The Number Of Injured Claimants Will Diminish Your Claim Value?

 If you have been injured in a multi-vehicle car wreck and are worried that the number of injured claimaints will diminish your claim value, 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.

After an accident, insurance companies usually ask the victim for proof of insurance, even if the wreck wasn’t their fault.  This is because Louisiana has the “No Pay No Play” law, which penalizes uninsured drivers, even if they are involved in an accident that is not their fault. 

No Pay No Play Is A Penalty For Uninsured Drivers, Even If They Are Not At Fault:

In Louisiana, the current law requires drivers to have minimum liability coverage (covering them for accidents which are their fault) in the amount of 15/30/25.  That is, they must have bodily injury liability coverage in the amount of $15,000 per person up to a limit of $30,000 for everyone who is injured, and property damage limits of $25,000. 

If an uninsured driver is in a wreck which is not their fault, La. R.S. 32:866 imposes a penalty on them by decreasing the amount they may be able to recover from the at-fault insurer.  The statute bars uninsured drivers from recovering the first $15,000 of their bodily injury claim and the first $25,000 of their property damage claim. 

Example Of No Pay No Play:

As an example, uninsured driver, Mark is in an accident when he is rear-ended by an 18-wheeler whose driver was not paying attention.  Mark has serious injuries and the value of his personal injury claims is $50,000.  The wreck also totaled Mark’s vehicle, which has an actual cash value of $20,000.  Because Mark is uninsured, the No Pay No Play law bars Mark from recovering the first $15,000 of his $50,000 claim, allowing him to collect only $35,000.  For his totaled vehicle, Mark will not be able to collect its $20,000 value.

There Are Exceptions To No Pay No Play:

There are a few exceptions to the rule, including if the other driver is operating a vehicle while intoxicated, intentionally causes the wreck, or flees the scene. 

Also, it is important to note that the No Pay No Play rule does not apply to passengers.  That means an injured passenger is not penalized by the rule, even if the car they are riding in is not insured.  The law only applies to the owner or operator of the vehicle.

Have You Been In An Accident With An Uninsured Driver Or Being Given The Runaround By The Insurance Company Based On The No Pay No Play Rule?

 If you have been injured in a car wreck with an uninsured driver or are being given the runaround by the insurance company based on the No Pay No Play Rule, 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.

Insurance companies sometimes hire investigators to spy on car accident victims who have filed car accident claims.  Typically, insurance companies only do this if the potential value of a car wreck claim is big enough, since the cost of hiring investigators can be pricey.  Most insurance companies have their own, “in-house” investigators whose job it is to gather information on accident victims, hoping to show that the claimant is engaging in physical activity contrary to their injury claim or doctor’s recommendations. 

Why Insurance Companies Hire Private Investigators:

Insurance companies hire private investigators to get information on a claimant in order to discredit them or devalue their claim.  If a car wreck claim involves a serious injury, investigators look online for social media posts showing our client participating in physical activities.  If a client is claiming that a car accident caused emotional distress, the investigator will look for Facebook posts where our client appears to be having fun or socializing. 

Of course, a snapshot of a Tweet or a photo from Facebook, in themselves, can be taken out of context very easily.  And, that’s exactly what the insurance company relies on. 

Example of Insurance Companies Spying On Accident Victims:

The extent of an insurance company’s investigation or surveillance of an accident victim can range from simple online searches, including google and social media searches, to in-person spying. 

Most of the time, the insurance company will not reveal whether they have done any surveillance on our client until they have to exchange “impeachment” evidence before trial (that is, evidence that someone is lying).  In our practice, in almost 20 years, we have received only a handful of surveillance videos from insurance companies, allegedly showing our clients doing something they shouldn’t have been doing. 

For instance, one video was taken in the parking lot of a grocery store and showed our client lifting a case of water into his truck.  The insurance company argued that he was not following his doctor’s orders, which restricted lifting to 40 pounds.  We were able to prove that the pack of water weighed only 35 pounds and pointed out that at the time the video was taken, our client was frantically preparing for a hurricane which hit later that night.

What To Do If You Think The Insurance Company Is Tracking You:

First of all, we tell all our clients to expect the insurance company to search their social media posts.  Social media posts can be taken out of context very easily.  A simple statement like “I’m doing fine” can be misconstrued to diminish the fact that the person is going through severe pain from a car accident. 

If you think you are being followed by a private investigator, be extra aware of your actions, including any physical restrictions from your doctor.  Keep notes on when you were followed and a description of the person following you, including their vehicle information.  If it is safe and you are able to do so, take photos and video of them!  Give all of this information to your attorney so that they can follow up with the insurance company and request surveillance information.

If you don’t feel safe, or if the person following you invades your personal space or crosses the line by trespassing on your property, call the police and report them.

Are You Wondering Whether The Insurance Company Is Investigating Your Car Wreck Claim?

 If you have been injured in a car wreck, and wondering whether the insurance comapny is investigating your car wreck claim, 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.

There is an amazing amount of information out there in cyberspace!  When Flattmann Law is hired to represent a client with a car accident claim, it is not uncommon for us to take to the internet for some initial research and investigation.

Accident Scene:

Even for car wrecks that may seem straightforward (like rear-end collisions), we typically use sites like Google Maps to get a better idea for the accident scene.  We look at intersections, locations of stop signs and traffic lights, distractions, etc.  If we have the information before an initial client consultation, we sometimes print out maps so that we can have our client point out exactly where an accident happened.  We want to make sure we understand exactly what happened so that we can represent our clients most effectively.

Social Media Sites, including Facebook:

It is amazing how much personal information people post on social media.  Not only do criminals collect (or mine) the data placed on social media, but after a major car wreck case, insurance adjusters and their investigators may also be collecting that information.  In fact, when we take a case, one of the first things we tell our clients is to be careful what they post, as a photo, video, or statement may be misconstrued and used against them later on. 

When we are working on a big personal injury claim, we may search social media sites, including Facebook to see what information our clients have posted publicly.  We look for pictures, videos, and anything else which may be used against them in their case. 

Business Information:

If a car wreck claim involves a company vehicle, we may need to search online for the company’s corporate information, including whether they are registered with the Louisiana Secretary of State.  When we file a lawsuit, it is important to get information regarding the company’s registered agent for service.  This is especially true for insurance company defendants, whose information may be found on the Louisiana Department of Insurance’s website. 

Police Reports and Other Records:

For 95% of our cases, we are able to obtain police reports for car wrecks online.  Sometimes, depending on the accident, the police also take pictures of the scene which are available to purchase. 

In some cases requiring substantial research, we may submit public records requests (or Freedom of information requests) to different public entities via online portals.  For instance, a public records request may be issued to the State of Louisiana for traffic camera footage.

Have You Been Injured In A Car Wreck In Covington Or The Surrounding Area?

 If you have been injured in a car wreck in Covington or surrounding areas, 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.

One of the most common questions following a car accident is “Do I file a claim with my insurance, the other person’s insurance, or both?”  As explained below, the quick answer is that you may want to file with both insurance companies, especially if the wreck was not your fault.

Stop Reading And Call Us! We May Be Able To Take Care Of Everything!:

At Flattmann Law, we can take care of every aspect of an insurance claim, including the initial filing of claims following a car wreck.  This means you don’t have to file a claim with anyone.  If we take your case, we can take care of that for you! 

Filing A Claim With The At-Fault Driver’s Insurance Company:

If the accident was caused by the other driver, make sure to file a claim with their insurance company as soon as possible.  Sometimes, the other driver has already reported a claim and a claim is already set up and all the insurance company needs is your information.  Sometimes, however, a new claim has to be set up, which can take a good deal of time over the phone.   

Why You Should Also Report The Claim To Your Insurance Company:

“Why would I report the claim to my insurance company if I’m not at fault?”  “Won’t that just raise my rates?”  I know that people are hesitant to report insurance claims for fear that their rates may go up or that they may get cancelled. 

But rest assured that by law, insurance companies in Louisiana are not allowed to raise your premium or cancel your insurance based on “no-fault incidents.”  Louisiana Revised Statute 22:1284 prohibits insurance companies from increasing rates, cancelling, or failing to renew any motor vehicle insurance policy based on one or more no-fault incidents, meaning an accident involving a vehicle covered by a policy in which the driver of the insured vehicle was not at fault. 

One reason for reporting the claim to your insurance company is that it may be required by your insurance policy.  Typically, the fine language in the insurance policy requires policyholders to report any accident or potential claim to the insurance company as soon as possible.  If you don’t report an accident, the insurance company may try to hold that against you if you have to file a claim in the future.

A second reason for filing a claim with your insurance company is to make sure they hear from you first regarding the accident.  Remember that anyone can file an insurance claim.  You don’t want your insurance company to hear from the other driver first, even if they are lying about the facts of the accident in an attempt to skirt responsibility.  Also, the at-fault insurance company will likely check to make sure your insurance was valid at the time of the accident.  In Louisiana, this is called the “no pay, no play” rule, which requires a claimant to have their own valid insurance.    

Finally, another reason for filing a claim with your insurance company is that it may be the quickest way to resolve your property damage and rental claim.  If you have collision coverage (which is optional coverage), going through your own insurance company for an accident is typically faster than waiting on the at-fault insurer to investigate the claim.  (Check out our other articles on collision coverage).  Also, if the at-fault party did not have insurance or had only minimum coverage, you may have claims with your own insurance company if you have optional coverages like UM or med-pay.

Have You Been Injured In A Wreck And Feeling Overwhelmed With The Insurance Claim Process?

 If you have been injured in a wreck and feeling overwhelmed about the insurance claim process, 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.

A deposition is the process of giving sworn testimony.  In a civil car wreck case, depositions are typically taken of the parties involved in the lawsuit and of witnesses.  It is a process where one or more attorneys get to ask questions of the deponent, who must answer truthfully and to the best of their knowledge and ability. 

It is important to note that depositions are typically NOT done during the process of a car wreck insurance claim (ie. when an insurance claim has not yet become a lawsuit).  

When Are Depositions Done?:

Once a lawsuit is filed, the parties (usually through their attorneys) can begin taking depositions.  The parties will try to schedule a date, time, and location convenient for everyone expected to attend.  If the Court has set a deadline for conducting depositions or has set a “discovery cutoff,” depositions will take place prior to that deadline. 

Why Are Depositions Useful?:

Depositions provide the parties with a chance to uncover evidence from witnesses concerning how an accident happened and to dig deeper into the Plaintiff’s injuries and medical treatment.  Expert witnesses may also testify at a deposition regarding the damages the Plaintiff has incurred or will incur in the future. 

For defense attorneys, depositions provide them with the opportunity to ask questions of the Plaintiff, since they are not allowed to contact the Plaintiff directly during the lawsuit. 

What Should I Expect During A Deposition?

At Flattmann Law, we make sure to put our clients at ease when it comes to preparing for their deposition.  If our client’s deposition is requested by the insurance company’s attorney, we coordinate with our client to make sure it is scheduled at their convenience.  Then, prior to the deposition, we will meet with our client to answer any questions they have regarding the deposition and what to expect.  Typically, we will also go over our client’s case with them so that they are as comfortable as possible with the process.

On the day of the deposition, a court reporter will be present to type down all of the questions asked of the deponent and all of the deponent’s answers.  We sit next to our client while they are being questioned, and while we can’t answer questions on their behalf, we may raise objections if a question is improper. 

A deposition may last several hours or more, depending on the case.  After the deposition, we typically reserve the right to have our client read the transcript of the deposition once it is ready, so that they have the opportunity to correct any errors. 

How Are Depositions Used During A Trial?:

Depositions can be used during a trial if a witness is trying to change their story from what they had testified to earlier.  This is called “impeachment.” 

Sometimes, the rules allow depositions to be used if a witness is unable to testify live at trial.  This is particularly common for the testimony of doctors and some out of state witnesses.

Have You Been Seriously Injured And Have Questions About The Legal Process?

 If you have been seriously injured and have questions about the legal process, 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.

An accident happens to you on your way to work.  You are in a hurry and the damage doesn’t look that bad.  Should you call the police anyway?  The answer is... Probably!  But if you insist on not calling the police, here are a few tips. 

Why You Should Call The Police After Any Accident:

The police will document the accident (even a minor accident), and collect important information from both drivers.  The information collected by the police should include the other person’s name, insurance information, and vehicle information. 

If you have to make an insurance claim with the other driver’s insurance company, they will ask you if you have a police report.  If you don’t, this may slow down the claims process, since they will have to rely on other evidence in order to take responsibility for the wreck. 

At the scene of the accident, even if the other person seems nice and reliable, you never know if they are giving you the correct information or if they will admit fault to their insurance company later.  Having a police report is the best way to document information right after a wreck. 

What If I Don’t Want To Call The Police?:

I get it.  You are in a hurry and the other person doesn’t want you to call the police.  Maybe they are a young driver and you don’t want it on their record.  You choose not to call the police.  What should you do? 

• Take as many pictures and videos of the scene and other driver as possible:  Document EVERYTHING!  Without a police report, this is the only opportunity you will have to preserve evidence of the position of the vehicles and the parties involved.  Think, “what if the other person denies being in an accident?”  If you take pictures and video, you will have proof that they were. 
• Take a video of the other driver admitting fault:  If the other driver is apologizing to you for causing the wreck and begging you not to call the police, have them state that they are responsible for causing the wreck on video.  Have them state their name, the date, and what happened to cause the accident (ie. “I looked down...”).  If they are unwilling to do this, call the police. 
• Take pictures of the other driver’s information:  Take photos of the other driver, their vehicle, license plate, registration, and insurance card.  You will NEED all of this information if you have to file an insurance claim. 
• Get names of witnesses:  If there are witnesses to the accident, get their names and contact information.  You never know if you are going to need them to prove that the accident happened. 
• Keep an eye on your injuries:  During an accident, adrenaline is released in the body, sometimes masking injuries.  It may take a few days for some injuries to reveal themselves. 

Keep an Eye on Your Injuries:

During an accident, adrenaline is released in the body, sometimes masking injuries.  It may take a few days for some injuries to reveal themselves.  If you feel that you are injured, get medical attention as soon as possible.  If you let it go too long, the insurance company will discredit that the accident caused your injury.

Were You Involved In An Accident And Something Just Doesn't Seem Right?

At Flattmann Law, we know that even accidents that seem minor can result in serious injury.  If you were involved in an accident and something just doesn’t seem right, 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.

UM insurance stands for “uninsured motorist” coverage.  As discussed in several other articles, UM insurance is optional in Louisiana and not required by the State in order to be “legal.”  UM insurance comes into play when the at-fault driver doesn’t have liability insurance or doesn’t have enough insurance to adequately cover you for your personal injury losses.  In those cases, you make a claim with your own insurance under your UM coverage. 

Your UM insurer owes you a direct contractual duty:

Unlike the other driver’s insurance company, your UM insurer (your auto insurance company) owes you a direct duty pursuant to your insurance contract with them.  As with most contracts, that means both you and your insurance company have certain obligations and duties to each other. 

Your UM insurer must treat you fairly during the claims process:

One of the duties your UM insurer has is “fair dealing.”  That means the insurance company should not try to trick you during the claims process.  For example, a UM should not threaten you during the claims process, or try to get you to settle quickly by saying things like, “this is your last chance,” or “if you don’t accept this now, you can’t later.” 

Another obligation your UM insurer has to you is to handle your claim in “good faith.”  That means a few things.  First, it means that they have an obligation to properly evaluate your claim.  Second, it means that after they are provided with “adequate proof of loss,” they must adjust (evaluate) your claim within a reasonable time.  Finally, it means that they must make “unconditional tenders” to you of the amount(s) they believe your claim is worth. 

What is an “unconditional tender?”:

An unconditional tender is a payment your UM insurer should make to you after they are provided with adequate proof of your losses.  For example, say you have proven to your UM insurer that the other party caused your wreck and are uninsured.  You have also provided proof of your medical bills and injuries in the way of medical bills and doctor notes.  If, after evaluation, your UM insurer believes that your personal injuries (including doctor bills and general damages) have a value of $5,000, they must “unconditionally tender” that amount. 

An unconditional tender means that the insurance company must send you a check for the undisputed amount of your claim, without any strings attached.  For instance, they should not require you to sign a release in order to get your money. 

What happens if I think my UM insurer owes me more money?:

In many situations, you may think that your UM claim is worth more than your insurance company is tendering.  For instance, if you think your claim is worth $10,000, but the UM insurer only tenders $5,000.  In those cases, it is important to remember that you still retain the right to pursue the remainder of your claim, even if a tender has been made.

Have You Been Injured In An Accident And Need Help Handling Your Personal Injury Claim?

At Flattmann Law, we handle UM claims and hold UM insurers to their obligations.  If you do not think you are being treated fairly by your UM insurer 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, Hammond, Lacombe, Pearl River, and Slidell.

 

We often get calls from people complaining that the insurance company is not treating them fairly or responding to their personal injury claim.  Digging deeper, we inquire as to the information and documentation the person provided to the insurance company to support their claim.  A common response is that the person signed all the requested authorizations and may have submitted one or two medical bills. 

Unfortunately for them, a few medical bills and a verbal report of injuries do not constitute “adequate proof of loss.”  The insurance company is ignoring them because the claimant has not triggered their obligation to respond under the law.

What is Adequate Proof of Loss?:

A claimant has the burden of providing adequate proof of their loss to the insurance company.  This means the claimant must prove (1) the other party’s fault for the accident and (2) their damages and injuries. 

Proving the other party’s fault for causing the wreck can be as simple as sending the insurance company a copy of the police report, if the report clearly shows that the other person was responsible for causing the wreck.  If it doesn’t the claimant must submit other evidence of the other person’s fault, like video evidence, photographs, witness statements, etc. 

Most people fall short in proving their injuries and damages.  Just telling the insurance adjuster that you are hurt doesn’t cut it.  Instead, it is best to provide copies of your medical bills and records, which document your injuries, medical treatment, and medical bills in black and white. 

Certified Mail?:

Do people still use certified mail?  YES.  While email is great, it is still good practice to follow any important emails (especially those providing proof of loss) with certified letters to the insurance company, with copies of the documents.  That way, you establish a clear record of your attempts to provide adequate proof of loss.

Have You Been Injured In An Accident And The Insurance Company Is Not Treating You Right?

If you are getting frustrated with your insurance claim 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, Hammond, Lacombe, Pearl River, and Slidell.