Do You Need a Lawyer for a Minor Louisiana Car Accident?

Here's something you probably won't hear from many personal injury lawyers:

You may not need an attorney to handle your car accident claim.

If your accident involved minor property damage, nobody was injured, and no one required medical treatment, there is a good chance you can successfully handle the claim yourself.

The key is understanding when a simple claim is still simple—and recognizing when it has become something more.

‍

‍

Was the Accident Your Fault?

If you believe you caused the accident, or if the other driver is claiming that you were responsible, one of the first things you should do is notify your own insurance company.

Your liability insurance exists for exactly this reason.

Your insurance company has a duty to investigate the claim, handle negotiations with the other driver, and provide you with a defense if a lawsuit is eventually filed against you.

For that reason, it is generally not a good idea to negotiate directly with the other driver or agree to personally pay for repairs or medical expenses out of pocket.

Reporting the Claim

If the accident was the other driver's fault, you will typically open a claim with their insurance company.

Although the insurance adjuster may ask you for a recorded statement or broad medical authorizations, Louisiana law generally does not require you to provide those things to the other driver's insurance company.

In many cases, the insurer can evaluate liability using the police report, photographs, witness statements, and information obtained from its own insured driver.

Getting Your Vehicle Repaired

If another driver caused the accident, their insurance company is generally responsible for paying for reasonable vehicle repairs and rental expenses associated with the claim.

You also have the right to choose where your vehicle is repaired.

Sometimes the insurance company will send an adjuster to inspect the vehicle. In other situations, they may ask you to obtain estimates or direct you to one of their preferred repair facilities.

Ultimately, however, the choice of repair shop is yours.

Should You Use Your Own Insurance Instead?

Sometimes using your own insurance is the fastest way to get back on the road.

If you carry collision coverage and rental reimbursement coverage, your insurance company may be able to repair your vehicle and provide a rental car much more quickly than waiting for the other driver's insurer to complete its investigation.

Your insurance company can then seek reimbursement from the at-fault driver's insurer through a process known as subrogation and may also attempt to recover your deductible on your behalf.

In Louisiana, filing a claim for an accident that was not your fault generally does not result in premium increases or policy cancellation solely because you used your coverage.

Property Damage Is Only Part of the Claim

Many people focus entirely on fixing their vehicle and forget that they may also have claims for personal injuries and other losses.

Those damages can include medical expenses, lost wages, pain and suffering, inconvenience, and other harms resulting from the accident.

In a true "fender bender" where nobody is injured, those claims may be minimal or nonexistent.

The problem is that injuries do not always appear immediately.

Be Careful Before Signing a Release

After your vehicle is repaired or your total loss claim is resolved, the insurance company may ask you to sign a release.

Read it carefully.

Many releases do not simply settle your property damage claim. Instead, they release every claim arising from the accident, including claims you may not even know you have yet.

Before signing any release, make sure:

• You are confident that you were not injured.
• You do not expect future medical treatment.
• You have been fully compensated for your losses.
• You understand exactly what rights you are giving up.

Once a claim is settled and released, it is usually over for good.

When Should You Consider Calling an Attorney?

Even relatively small claims can become complicated surprisingly quickly.

Some situations that deserve extra caution include:

• You required medical treatment.
• A child was involved in the accident.
• Medicare or Medicaid paid medical expenses.
• Your health insurer may have reimbursement rights.
• The insurance company is pressuring you to settle quickly.
• Liability is disputed.
• The accident involved an uninsured driver.
• The insurance company is refusing to return calls or process the claim.

None of those situations necessarily require a lawyer, but they often benefit from legal advice.

Don't Forget the Deadline

One of the biggest mistakes people make is waiting too long.

Louisiana recently extended the deadline for filing most personal injury lawsuits from one year to two years for accidents occurring on or after July 1, 2024.

Accidents occurring before that date generally remain subject to the former one-year deadline.

Either way, waiting until the last minute is rarely a good strategy.

Our Free Car Accident Crash Course

Sometimes people simply want to understand the process before deciding whether they need help.

That is exactly why we offer our free and confidential Car Accident Crash Course.

During a brief phone call, we can discuss topics such as:

• Filing an insurance claim
• Vehicle repairs and rental cars
• Total loss claims
• Medical bills and health insurance issues
• Uninsured motorist coverage
• Common mistakes that can hurt a claim

Sometimes a fifteen-minute conversation is enough to point someone in the right direction.

Interested in Our Car Accident Crash Course?

If your claim is becoming more complicated than expected—or if you simply want answers before making important decisions—we would be happy to help.

Call our office at 985-590-6182 to schedule your free and confidential consultation.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.