Can You File Two Claims for an Accident With Different Insurance?

If you’ve been hurt in a car crash, slip and fall, or another personal injury incident, you might be wondering if you can file two claims for an accident with different insurance.

In many cases, the answer is yes, but there are several limitations. The best way to find out whether you can file two claims and get the damages you’re owed is to hire a skilled attorney.

An experienced Lafayette personal injury lawyer can review the details of your situation, identify available insurance policies, and determine if you’re allowed to file multiple claims.

Whether you’re eligible to file two claims or only one, your attorney will strive to obtain maximum compensation for your medical bills, pain, and other losses. 

When You Can File Two Claims for an Accident With Different Insurance

As mentioned above, there are some situations where you can file two claims for an accident with different insurance policies. You may be entitled to file more than one claim if the claims go to different insurance providers and cover different damages. This method is used to recover full compensation for all the economic and non-economic losses you’ve suffered due to the incident. 

Here are several scenarios in which filing multiple claims is allowed:

• You file a claim with your own auto insurance provider for medical payments (MedPay) and a separate liability claim against the at-fault driver’s insurer
• You use your personal health insurance to cover initial treatment and file a personal injury claim to recover out-of-pocket costs
• You’re injured on the job in a car crash and file both a workers’ compensation claim and a third-party claim against the at-fault driver.
• You file a premises liability claim against a property owner and a product liability claim against a defective equipment manufacturer

If one of these scenarios describes your situation, you may have the right to file two different claims. That said, many different factors determine whether you can file multiple claims.

You’ll want to consult with a knowledgeable attorney to learn more about your best course of legal action.

When Filing Two Claims Is Not Allowed

In some situations, you can’t file two claims for an accident with different insurance. Filing two claims for the same damage with different insurers is essentially trying to get paid twice for the same thing, which is illegal. The following are scenarios where filing two claims is not allowed and is considered fraud:

• Filing two auto repair claims with different insurers for the same damage
• Submitting your medical bills to both your health insurer and the at-fault party’s insurance and receiving compensation for both
• Trying to collect full compensation for lost wages from two different insurance providers

Insurance companies have systems in place to detect duplicate claims. If you’re caught committing this form of insurance fraud, you could face the following consequences:

• Your claim may be denied
• You may have to repay any duplicate payouts
• Your policy could be canceled
• You could face fines or even criminal charges

Instead of running the risk of losing your right to compensation and getting charged with fraud, you’ll want to hire an attorney to help with your claim. A lawyer can determine if you’re eligible to file more than one claim and help you avoid actions that could get you in legal trouble. 

Understanding Joint and Several Liability in Louisiana

In collisions that involve multiple vehicles or other shared-fault accidents, Louisiana law may allow you to hold multiple parties liable for your injuries and losses. This can be permitted under the concept of joint and several liability. Joint and several liability involves the following factors:

• More than one person or company can be found legally responsible
• You can file claims against each responsible party
• If one party can’t pay, the others may still be on the hook for the full amount of your damages

If you were hit by a large commercial vehicle in an accident that another driver contributed to, you may be able to file claims for compensation with any of the following involved parties:

• The truck driver’s insurance company
• The trucking company’s policy
• The driver of the other vehicle
• Your own underinsured motorist coverage

Determining whether you can file two claims for an accident with different insurance can be extremely difficult. To find out for sure if you can file multiple claims, you’ll want to schedule a free consultation with a lawyer and have them review the details of your situation. They’ll provide the advice and advocacy you need to understand your case and get full compensation.

How a Lawyer Can Help You 

Handling a claim with multiple at-fault parties and several available insurance policies can be complicated, especially if you’re in pain and recuperating from a serious injury.

Fortunately, a dedicated personal injury lawyer can handle the entirety of your case, so you have the time you need to prioritize your health.

Here’s what a lawyer can do to help you file two claims for an accident with different insurance:

• Conduct a thorough investigation of your accident and gather all available evidence
• Identify every potential insurance policy with which you may file a claim
• Calculate the full value of your claim(s)
• Ensure that your claims don’t overlap in a way that is considered fraud
• File the appropriate documentation with each insurance provider
• Negotiate with all insurers to maximize your total compensation
• Advocate for your rights if the insurers push back on your claim, minimize your injuries, or delay the process
• Protect you from mistakes that could jeopardize your claim or expose you to liability
• Take your case to court, if necessary

Schedule a Free Consultation With a Knowledgeable Attorney

If you’re considering filing two claims for an accident with different insurance, don’t attempt to do it alone. While filing multiple claims can get you all the compensation you need to recover from an accident, doing it incorrectly can lead to serious repercussions. To avoid negative outcomes and get the damages you’re owed, you’ll want to hire a skilled lawyer from Laborde Earles.

Our firm has over 350 years of combined experience serving accident victims throughout Louisiana. We‘ve recovered over $1 billion for injury victims like yourself, and we’re committed to getting the results you deserve.

Contact us today to schedule a free consultation with a trusted lawyer from our team and learn more about filing multiple claims after an accident.