Car Accident Compensation Laws in Louisiana
October 3rd, 2019If you were injured in a car accident in Louisiana, you should know the rights you have to compensation under the laws of the state. Contacting an experienced car accident attorney can help you with the complicated, yet important, legal concepts such as comparative negligence and the determination of fault. The laws regarding Louisiana car insurance are complicated; however, understanding the basics can help you determine your next steps.
Car Insurance Laws in Louisiana
Louisiana allows an injured party to directly name an insurance company in a court case regarding a car accident. As Louisiana is considered a direct action state, it is important to understand the car insurance laws that relate to car accidents. Louisiana car insurance claims are governed by a fault system, which makes the at-fault driver responsible for all injuries and property damage if they are fully negligent.
The injured party will file a claim with both the other driver’s insurance company and their own insurance company, which will then seek reimbursement from the at-fault driver’s insurance company.
Drivers are required to purchase minimum liability coverage in the following amounts:
- $15,000 for personal injuries
- $30,000 for multiple injuries of multiple people
- $25,000 in property damage insurance
Knowing these minimum amounts can help you develop your plan to recover compensation for your injuries. You can receive compensation from the at-fault driver, as long as the car was being driven by the owner, a member of the owner’s family, or someone else driving the car with the owner’s permission.
Comparative Fault
Louisiana follows a standard of comparative negligence, allowing more than one person to be held legally responsible for a car accident, including the victim. Under Louisiana law, if a victim is partially responsible for a car accident, their total compensation for damages will be reduced by the percentage that their actions contributed to causing their injuries. An insurance adjuster may evaluate your claim and make a determination regarding the percentage of fault; however, it is important to seek the advice of an experienced personal injury lawyer to make sure that your rights are fully represented and you are able to recover the full extent of compensation you are entitled to.
Amount of Compensation You Can Receive
Unfortunately, the amount of compensation you will receive will be limited by the amount of coverage the at-fault driver carried on their particular insurance policy. If for some reason, the driver had no insurance, you will need to seek compensation through your own insurance policy. You likely have uninsured/underinsured motorist coverage in your own car insurance policy, as it is required to be purchased unless specifically declined in writing.
If the other driver does not have enough insurance to compensate you for your losses, you may turn to your own car insurance to attempt to cover your injuries and damages. You may then file a claim against the driver to recover any amount of damages not covered by insurance.
Contact an Experienced Car Accident Attorney Today
If you were injured in a car accident in Louisiana, you likely have many questions about car accident compensation laws and how much you will receive for your injuries due to someone else’s negligence. The experienced car accident attorneys at the The Bowling Law Firm can help you understand your rights and determine your next steps. Contact one of our attorneys today at (504) 586-5200, (504) 586-5200 or online.
