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Is Louisiana a No-Fault State?

Two Damaged Cars Involved In Road Traffic Accident Showing Smoke After Collision

If you experienced an automobile accident in Louisiana, you might have questions about claiming insurance. For example, is Louisiana a no-fault state? Will you need to sue the responsible driver?

When it comes time to file a claim, knowing the right answers will put you ahead. Fortunately, our personal injury lawyers in New Orleans at The Voorhies Law Firm can explain what you need to know about auto accidents in Louisiana. 

What Does “No-Fault State” Mean?

In a no-fault state, every driver involved in an accident must file a claim with their own insurance. It doesn’t matter who is responsible for property damages. Additionally, pursuing accident lawsuits in no-fault states can be challenging. 

Louisiana is a tort state, which means that a driver must prove that another party is responsible for the collision. However, these laws can generate many obstacles when you’re building a personal injury claim.

Understanding Insurance Coverage

Drivers must purchase their own automobile insurance to cover damages and medical expenses relating to accidents. In Louisiana, every motorist must have minimum coverage on every vehicle they operate

The lowest insurance options in the state cover up to $25,000 in property damage. Fortunately, policies are for the vehicle. If you let a friend or family member borrow your car, your insurance still protects it. 

Identifying Fault

Identifying at-fault drivers may not be as easy as it seems.  

First, you will need to file an accident report with local authorities. Then you must build an insurance claim and negotiate a settlement corresponding to the at-fault driver’s liability policy. 

If you incurred medical expenses from the accident, you could file an additional lawsuit for compensation. A personal injury attorney will guide you toward resources that streamline the process.

How Do Accident Claims Work in Louisiana?

You need to file a thorough report to receive compensation for injuries and property damages. This information should include the nature of the accident, evidence of responsibility, and the economic losses you sustained. 

Unfortunately, many accidents make it difficult for motorists to gather sufficient evidence. An accident attorney can help organize your report and make filing a claim more manageable.

What If You Share Responsibility for the Accident?

Is Louisiana a no-fault state? No, it’s not: but that doesn’t mean you can’t receive money after causing damages to another vehicle. 

Even if you share responsibility for the accident, you can still file a claim for a portion of compensation. Louisiana dictates a comparative negligence policy that allows motorists to receive proportionate compensation, despite causing the collision. 

Still, you’ll need to prove your claim with sufficient evidence. If you violated traffic laws that caused the accident, the other party could file a lawsuit against you. Furthermore, this action might impact how much damage an insurance company is willing to cover. 

What To Do After a Car Accident

You shouldn’t wait to begin the filing process after an accident. Do your best to remain calm at the scene and collect the appropriate information. Call traffic authorities immediately to reduce the risk of further liability. 

Police reports provide a paper trail when it comes time to prove responsibility. Be honest during interactions with these authorities. 

Additionally, you should call an attorney to explore more options. When handling an accident claim or lawsuit, it is always wise to partner with experienced law firms.

Call Our Team at The Voorhies Law Firm Today

At The Voorhies Law Firm, our accident lawyers dedicate themselves to representing our clients professionally. We will work on your behalf to manage your case and pursue justice within the law. Our firm assists some clients in recovering tens of millions of dollars from automobile accidents.

Ask us questions about Louisiana’s at-fault policies during the consultation. Additionally, we will provide a knowledgeable wrongful death attorney in New Orleans if a loved one died due to another’s negligence. 

Is Louisiana a no-fault state? Learn more by connecting with us at The Voorhies Law Firm in New Orleans, LA. Book an appointment at 504-875-2223.