You were in a car accident because another driver was negligent. Now you are seeking compensation, but the at-fault party’s insurance won’t pay. One thing you can do about it is to obtain legal representation.
Insurance companies care about profits, so the last thing they want to do is go to court, where they could end up paying out more instead of offering a fair settlement that will adequately cover your losses. An attorney can handle your legal case and help negotiate with an insurer.
Why Won’t The Insurance Company Pay?
Insurance companies are profit-driven. Paying out a claim could cost the insurer tens of thousands of dollars or more. You understandably expect that an insurance company would pay you after an accident, especially if the police assign fault to the other driver. But the at-fault party’s insurer may be denying your claim for two common reasons.
First, the insurer will conduct their own investigation of the accident and may simply disagree with the police about who is at fault. Typically, the insurer will claim that neither party is to blame for the accident. Or, the insurer will attempt to blame you for the accident instead. Shifting responsibility to you or no one gives the insurer cover to deny your claim.
The second reason an insurer may deny your claim is that they disagree with the amount of compensation you are seeking. Recoverable damages you may be entitled to after a car accident include:
- Medical expenses
- Lost income and benefits
- Home Services
- Child care
- Vehicle repair or replacement
- Physical therapy
- Pain and suffering
- Emotional distress
- Mental anguish
- Disability
- Disfigurement
- Loss of companionship
The insurer is trying to pay out as little as possible to protect its bottom line, so you may only receive an offer of a fraction of the compensation you are seeking in the hopes that you will accept and go away. Once you accept a settlement offer and sign the paperwork, you can’t seek more compensation at a later time.
So, what should you do if the insurance company is not paying you the compensation you deserve?
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What to Do if the At-Fault Party’s Insurance Company Won’t Pay After Your Car Gets Hit
You’ve made your claim to the at-fault party’s insurance company, but they won’t pay, or they sent you a lowball settlement offer. What can you do?
Obtain Legal Representation
When an insurance company refuses to pay you compensation to cover your losses, you should consult with a Louisiana car accident attorney as soon as possible. Hiring an attorney with many years of experience sends a message to the insurer that you are willing to fight for compensation.
Ask Your Lawyer to Contact the Insurance Company on Your Behalf
Your attorney can write a letter to the insurance company demanding compensation. Our law firm will calculate the value of your claim so we can request the correct amount of compensation and determine if any settlement offers are fair or not.
The letter will also include reasons why the insurance company is wrong and briefly detail your losses. It will also make clear our intention to take the case to court. Again, insurance companies are not keen to appear in court, which is why most cases settle.
File a Lawsuit
If the insurance company won’t budge, your attorney can file a lawsuit and represent you in court. We prepare every case for court, and the more evidence you have to back up your claim, the better. Our firm gathers evidence, including police reports, surveillance footage, photographs, medical bills, invoices, witness statements, and expert opinions, to strengthen your case.
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What is Comparative Fault?
Louisiana is a comparative fault state according to CC Art. 2323, which means that each driver in an accident is responsible for their percentage of fault.
If you were 10 percent at fault for the accident and the other party is 90 percent at fault, a $100,000 compensation award from the court would be $90,000 because your percentage of fault would subtract $10,000.
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How Much Time Do You Have to File a Lawsuit?
You should consult with an attorney as soon as possible after an accident because CC Art. 3492 limits you to one year to file a personal injury lawsuit in Louisiana.
Failing to meet the deadline means you lose your right to seek compensation through the courts.
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Consult a Lawyer if Your Car Was Hit & The At-Fault Party’s Insurance Won’t Pay
Don’t let the insurance company run out of the clock on your claim. Laborde Earles Injury Lawyers has over 250 years of collective experience fighting for compensation for clients like you.
We have won multi-million-dollar settlements for accident victims, and we will guide you through the legal process every step of the way. For a free consultation, contact us today.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
