Many drivers hesitate to report an accident to their insurance company – even if they weren’t at fault – because they fear increased premiums. However, your car insurance premiums will not go up after a collision you did not cause.
According to the Louisiana Department of Insurance (LDI), it is illegal for an insurance company to increase your premiums, charge an extra fee, refuse to renew your policy, or cancel your policy due to an accident that you did not cause. This law applies even if the at-fault driver was uninsured. If you are seeking help to prove another driver’s liability for your collision and fight for financial recovery, our firm can represent you.
What Happens when Another Driver Causes Your Accident
When another driver causes a collision, Louisiana law allows you to file a claim under their auto liability policy. Should their insurer approve the claim and offer a settlement, you can accept and close the case. While the other driver’s insurance premiums might go up, yours should not.
According to RS 22:1284(A), if your insurer raises your rates for one or more no-fault accidents, the company is required to refund this excess payment. They may also owe you a penalty payment. However, if there is any question regarding liability for the accident, you may have to prove your case in court to recover compensation.
Liability for a car accident is not always straightforward. If the other driver’s insurer blames you, insufficient evidence for your case could cause the court to rule in their favor. In that case, you might owe the other driver damages and experience an increase in your premiums. Our team can help you build a strong case to avoid this outcome.
For a free legal consultation, call 337-221-9907
How to Recover Compensation After a Collision with an Uninsured Driver
Sometimes, the driver who caused a collision does not have insurance coverage. In that case, the most direct way to recover compensation is likely to file a claim under your uninsured motorist (UM) policy. In Louisiana, all auto insurance companies must offer UM coverage when selling a policy, but you can reject this coverage.
Depending on the type of policy you purchase, your UM coverage should help you cover:
- Medical bills
- Lost income
- Property damage
It may also provide compensation for pain and suffering. These benefits should be available if you are injured in a hit-and-run accident or if the driver’s insurance coverage is insufficient to cover your losses. If you have this policy, you still need to prove the other driver’s fault. As such, you should not experience increased insurance costs.
Personal Injury Protection
Louisiana does not require personal injury protection (PIP) insurance, but it is available. PIP insurance will pay for a percentage of your medical bills and lost wages if you purchase it, no matter who was at fault for your collision.
Sue the At-Fault Driver
This should be a last resort because most uninsured or underinsured drivers do not have the finances or assets to pay for car accident damages. An attorney from our firm can evaluate your situation and advise you on whether filing a lawsuit would be worth your time.
Proving Liability for a Car Accident in Louisiana
To secure compensation and keep your insurance premiums down, you will need to build a strong personal injury case against the other driver. Under personal injury law, proving liability requires evidence that:
- The other driver owed you a certain level of care (e.g., operating their vehicle according to state laws and safe driving practices).
- The driver failed to provide this level of care by driving recklessly or carelessly (e.g., running a red light).
- These actions led to the collision.
- You experienced injuries, financial losses, and other damages.
Establishing these elements will take various kinds of evidence, from the accident report to your medical records. Our car accident attorneys can give your case the attention it needs to show your right to financial recovery.
What Our Louisiana Car Insurance Lawyer Can do
Our Louisiana law firm helps clients all over the state prove liability and recover compensation from negligent drivers. We know how tough it can be to go up against insurance companies and stand up for yourself in court, which is why we handle these legal tasks for you.
When you hire our firm, we will:
- Review the case with you to ensure we know the details inside and out
- Compile evidence to prove your claim against the other driver
- Serve as the insurance company’s point of contact for all communications, including negotiations
- Negotiate for a settlement that addresses your unique damages
- Provide counsel as you weigh your settlement offers
- Take your case to court, should the situation require it
After someone else causes your collision, you should not have to worry about medical bills, lost income, or increased car insurance premiums. Our team will fight to hold the liable party accountable so you can move forward.
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Let Our Accident Attorneys Advocate for You
If a negligent driver injured you, turn to the injury attorneys at Laborde Earles Injury Lawyers for legal support and representation. Call (337) 777-7777 for a free initial consultation with a team member.