If you were in a motor vehicle accident that was the other driver’s fault, you could still have to rely on your own insurance policy for compensation. In most cases, that happens if the other driver fled the scene or was uninsured or underinsured. It can be just as frustrating to deal with your own insurance company, and you might also have concerns about your auto insurance rates increasing.
If you do have to use your own auto insurance if you were not at fault, you do not have to handle it alone. You may not think you need a lawyer after a car accident since you are dealing with your own insurer. If you do hire a Lafayette car accident lawyer to represent you, though, they will take all the same steps to recover damages for you as they would against the at-fault driver’s insurer.
What Compensation Will My Own Auto Insurance Cover if the Accident Was Not My Fault?
Louisiana is a fault state, but if the at-fault driver lacks liability coverage, you may be able to use your own personal insurance coverage. Your Lafayette personal injury lawyer will create a comprehensive list of your recoverable damages, which can include:
- All medical expenses related to your injuries and recovery
- Treatment-related travel expenses and assistive device
- All income loss related to your injuries and recovery
- Loss of future earning capacity related to your injuries
- Damage, destruction, or diminished value of your car
These types of losses are economic damages, which are easily supported with bills and other documents. You can also recover non-economic damages. They are more challenging to document on your own and can include:
- Physical impairment and disfigurement
- Ongoing physical pain and suffering
- Lasting mental and emotional distress
- Loss of enjoyment of your life and lifestyle
- Wrongful death damages, if applicable
You will have to cover the cost of your deductible, but that should be the only thing you pay out of your own pocket. Your lawyer will negotiate a settlement for you. The damages you can recover will be capped by your policy limits. Provide your attorney with a complete copy of your policy and any attachments or changes you made or agreed to after your initial insurance purchase.
The Statute of Limitations Still Applies Even When Dealing With Your Own Auto Insurance
You have a limited time to file a car accident lawsuit in Louisiana. In general, the personal injury statute of limitations is two years, according to CC Art. 3492. The wrongful death statute of limitations is also generally two years, according to CC Art. 2315.2. Your lawyer will handle the filing of your lawsuit and work hard to comply with the applicable filing deadline.
Most personal injury lawyers will accept your case on a contingency fee basis. That means they can get to work right away, and you will not incur any expenses at all for them to do so. They will receive compensation only when you do. This fee structure can aid in compliance with the filing deadline since you do not have to wait to obtain legal services and support.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat if My Own Auto Insurance Policy Does Not Cover the Costs of the Accident?
Not every state in the U.S. requires uninsured motorist (UM) or underinsured motorist (UIM) coverage. Louisiana is one of several states where UM and UIM coverage are required on all registered vehicles, per RS 22:1295.
Because this added protection is mandatory, it will cover your post-accident costs if the fault lies with an uninsured or underinsured driver. Your lawyer will help you assess your damages, identify your covered expenses, and seek appropriate financial recovery. They can also deal with the insurance companies for you.
Your Insurance Rates May Increase if You Use Your Own Auto Insurance After an Accident You Did Not Cause
Insurance rates for each driver are based on a number of factors, including how many times you file a claim. Unfortunately, that means that your rate could go up after an accident, even if you did nothing wrong. You might be more likely to experience a rate increase when you use your own insurance since they will have to make a payout.
You should report the accident to your insurance company anyway and right away if your policy requires you to notify them.
What Information Will My Own Auto Insurance Company Want After an Accident That Was Not My Fault?
When you contact your insurance company after the accident, they will likely request a plethora of information over the phone and in writing. Answers, information, and documents they may request can include:
- The accident’s date, time, and location
- Contact information for the at-fault driver
- Their insurance provider if they have insurance but not enough to cover your costs
- The names and contact details of any accident witnesses who came forward
- A copy of your police report and the name of the investigating officer
- First responder reports and medical records
- Your accident-related medical records and bills
- Paycheck stubs and other proof of income
- The name of the shop where your car was taken for repair
If you are represented by a car accident law firm, they and their team members will handle all information requests on your behalf so that you can focus on your physical and emotional recovery.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientGet Help Using Your Own Auto Insurance After an Accident That Was Not Your Fault
Whenever you deal with an auto insurer—even your own—after an accident, you could benefit from legal guidance and support. When our car accident lawyer represents you, we will explain when you have to use your own auto insurance if you are not at fault. We also explain how we can obtain the best possible compensation for you.
Avoid a potentially costly delay in your case and get started right away by contacting our car accident evaluation team at Laborde Earles today.
