How liability is handled in a car accident depends on whether a state uses a no-fault or fault-based system. If you’re a resident of Louisiana, your claim process will follow the at-fault system. It means the driver who caused the car crash will be held accountable for all the damages resulting from the accident.
A fault is based on the legal idea of negligence. In other words, the accident wouldn’t have happened if the driver acted in a reasonable or standard way other drivers would when in a similar situation. Common at-fault accident examples include driving under the influence (DUI), disobeying traffic rules, using a mobile phone while driving, and rear-ending another vehicle.
At-fault system and compensation
The damages available for recovery will vary from case to case. Generally, the at-fault party may have to provide monetary compensation for property damage, medical expenses, lost earning capacity, pain and suffering, loss of consortium, and more.
Most cases involve out-of-court settlement, which is often provided by the insurance company of the at-fault driver. The injured person can also file a claim with his or her insurance company. However, the insurance provider only pays up to the policy limits. Some damages can exceed the limit on an insurance policy.
Sometimes it is hard to agree on the amount of payout provided by the at-fault driver’s insurance company. Other drivers will deny negligence. Well, you can choose to file a personal injury lawsuit. It is a smart idea to involve an experienced car accident attorney to help with collecting evidence that substantiates your allegations against the other driver.
What if the at-fault driver is not insured?
Louisiana requires every car insurance provider to include uninsured/underinsured motorist coverage in their packages. Nevertheless, the policyholder can choose to reject it in writing.
If you didn’t reject the UIM coverage, you might be eligible to collect monetary benefits for your damages. Otherwise, you may not collect much from the uninsured or underinsured driver even after obtaining a judgment against them in court. There are high chances that the person does not have much in terms of assets or money.
Most cases involve out-of-court settlement, which is often provided by the insurance company of the at-fault driver. The injured person can also file a claim with his or her insurance company. However, the insurance provider only pays up to the policy limits. Some damages can exceed the limit on an insurance policy.
Sometimes it is hard to agree on the amount of payout provided by the at-fault driver’s insurance company. Other drivers will deny negligence. Well, you can choose to file a personal injury lawsuit. It is a smart idea to involve an experienced car accident attorney to help with collecting evidence that substantiates your allegations against the other driver.
Consult a Louisiana personal injury attorney
If you have suffered injuries in a car accident caused by a negligent driver, seek legal assistance from an experienced New Orleans car accident lawyer for a better outcome. Whether you want to pursue a lawsuit or out-of-court settlement, The Mahone Firm can help. Call us today at (504) 564-7342 to schedule a free appointment.
