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Car accident claims: Is Louisiana a no-fault state?

On Behalf of | Jun 21, 2024 | Motor Vehicle Accidents

In no-fault states, each driver’s insurance typically covers their medical expenses and other financial losses arising from a crash, regardless of who caused the accident. You can only sue the driver under specific circumstances. However, Louisiana is not among them. 

The Pelican state follows a tort system. As such, the driver found responsible for causing the crash (or their insurer) is liable for covering the ensuing damages. You can recover compensation for damages like medical bills, lost wages, pain and suffering.

Your role in the crash matters

While you can file a claim against the other driver even if you were partially at fault for the crash, your degree of fault will affect your compensation. Your level of responsibility will diminish your recoverable damages to the extent you were at fault under Louisiana law.

If you were, for example, 70% to blame for the accident, you would only recover 30% of your damages. Fortunately, there is no specific threshold for the degree of fault that bars you from recovering compensation with your car accident claim. Even if you were 99% at fault, you could potentially recover 1% of your damages.

The steps to take after an accident

One of the first things you should do after a crash is seek medical attention, even if you feel fine. Some injuries may not be immediately noticeable and could worsen over time. Reporting the accident to law enforcement for a formal record that could be valuable evidence in your claim is equally prudent.

After exchanging information with the other driver and documenting the crash by taking photographs of the accident scene, road conditions and other relevant evidence, you should notify your insurer. Be clear and do not divulge more information than necessary. It could work against you down the road.

Most importantly, consider having qualified guidance to help understand these and other legal aspects of your car accident claim, navigate the complex settlement process and safeguard your interests.