Even if you’re at fault for a car accident in Louisiana, you may still be able to get compensation for your medical expenses, lost wages, and property damage.
Louisiana is a comparative negligence state. This means that even if you’re partially at fault for an accident, you may still be able to recover damages from the other driver. The amount of damages that you can recover will be reduced by your percentage of fault.
For example, if you’re found to be 30% at fault for a car accident, you will only be able to recover 70% of your damages. This means that if your damages total $100,000, you will only be able to recover $70,000 from the other driver.
Definition of an At-Fault Driver
It’s not uncommon for those involved in an accident to ask, “Can you claim compensation if the accident was your fault?” With that being said, it’s worth noting that an at-fault driver is a driver who is legally responsible for causing a car accident. Fault can be determined in several ways, such as:
- Police report: The police report will typically include the officer’s assessment of who was at fault for the accident.
- Eyewitness testimony: Eyewitnesses can provide valuable testimony about what they saw happen before, during, and after the accident.
- Photographs and videos: Photographs and videos of the accident scene and damage to the vehicles can also help to determine who was at fault.
- Physical evidence: Physical evidence, such as skid marks and debris, can also help to reconstruct the accident and determine who was at fault.
In some cases, it may be clear who was at fault for the accident. For example, if a driver rear-ends another driver, the rear driver is typically at fault. However, in other cases, it may be more difficult to determine who was at fault. For example, if two drivers are involved in a head-on collision, it may be necessary to investigate further to determine who was at fault.
Does Insurance Cover an Accident if it Was Your Fault?
Whether or not your insurance will cover an accident if it was your fault depends on certain factors, including the type of insurance you have and the specific circumstances of the accident.
In general, most liability insurance policies will cover accidents that you’re at fault for. However, there are some exceptions.
For example, if you’re driving under the influence of alcohol or drugs at the time of the accident, your insurance company may not cover the damages. Additionally, some insurance policies have exclusions for certain types of accidents, such as racing or off-road driving.
If you’re involved in an accident, it’s important to contact your insurance company immediately to report the claim. Your insurance company will investigate the accident and determine whether or not it’s covered under your policy. If your insurance company determines that the accident is covered, they will pay for the damages up to the limits of your policy.
Here are some tips for getting your insurance company to cover an accident if you were at fault:
- Be honest with your insurance company about the circumstances of the accident.
- Provide your insurance company with all of the relevant information about the accident, such as the police report, witness statements, and photos of the damage.
- Cooperate with your insurance company’s investigation.
- Be patient. It may take some time for your insurance company to process your claim and issue a payment.
If you have any questions about whether or not your insurance will cover an accident if it was your fault, you should contact your insurance agent or a Louisiana car accident lawyer.
Can You Claim Whiplash if the Accident was your Fault?
In Louisiana, you can still claim whiplash even if the accident was your fault. This is because Louisiana is a comparative negligence state, which means that even if you are partially at fault for an accident, you may still be able to recover damages from the other driver. The amount of damages that you can recover will be reduced by your percentage of fault.
If you have whiplash, it’s important to get medical attention as soon as possible. You should also keep detailed records of your medical expenses and lost wages. This will help you to build a strong case if you need to file a claim with your insurance company or file a lawsuit against the other driver.
If you’re unable to get your insurance company to cover your whiplash claim, you may be able to file a lawsuit against the other driver involved in the accident. However, it’s important to note that filing a lawsuit can be expensive and time-consuming. You should consult with a car or Louisiana truck accident lawyer to discuss your options before filing a lawsuit.
How to File a Claim if You’re at Fault
If you’re at fault for a car accident, you should still file a claim with your insurance company. Your insurance company is required to defend you against any lawsuits that may be filed against you as a result of the accident.
To file a claim, you will need to provide your insurance company with the following information:
- Your policy number
- The date, time, and location of the accident
- The names and contact information of any other drivers involved in the accident
- A description of the accident and the damage to your vehicle
Your insurance company will then assign an adjuster to your case. The adjuster will investigate the accident and determine how much your insurance company is liable to pay for the damages that you caused.
Document the Accident Scene
If you are involved in a car accident, it is important to document the accident scene as thoroughly as possible. This will help you to prove your case if you need to file a claim with your insurance company or file a lawsuit against the other driver.
To document the accident scene, you should:
- Take photographs of the damage to your vehicle and the other vehicles involved in the accident.
- If there are any eyewitnesses to the accident, get their contact information.
- If there is any physical evidence at the accident scene, such as skid marks or debris, take photographs of it.
File an Insurance Claim with Your Provider
After you have documented the accident scene, you should file a claim with your insurance company. To do this, you will need to contact your insurance company and provide them with the following information:
- Your policy number
- The date, time, and location of the accident
- The names and contact information of any other drivers involved in the accident
- A description of the accident and the damage to your vehicle
Your insurance company will then assign an adjuster to your case. The adjuster will investigate the accident and determine how much your insurance company is liable to pay for the damages that you caused.
Gather Evidence and Witnesses for Your Case
In addition to documenting the accident scene and filing a claim with your insurance company, you should also gather evidence and witnesses for your case. This will help you to prove your case if you need to file a lawsuit against the other driver.
Evidence that you may want to gather includes:
- The police report
- Eyewitness testimony
- Photographs and videos of the accident scene and damage to the vehicles
- Physical evidence, such as skid marks and debris
- Repair estimates for your vehicle
- Medical records
- Lost wage statements
Types of Damages You Could Recover
If you’re at fault for a car accident, you may be held liable for the following types of damages:
- Property damage costs: This includes the cost to repair or replace the damaged vehicles.
- Medical bills: This includes the cost of all medical expenses that were necessary as a result of the accident.
- Physical therapy and/or rehabilitation costs: This includes the cost of any physical therapy or rehabilitation that was necessary as a result of the accident.
- Pain and suffering: This is compensation for the physical and emotional distress that you experienced as a result of the accident.
- Lost wages: This is compensation for the wages that you lost as a result of being unable to work because of the accident.
Contact Gordon McKernan Injury Attorneys Today
If you’ve been involved in an auto accident, even if it was your fault, you may still be able to get compensation for your injuries and losses. However, it’s important to act quickly. The sooner you file a claim with your insurance provider or file a lawsuit against the other driver, the stronger your case will be.
If you’re unsure about what to do, it’s important to consult with an experienced accident attorney. Whether you need a car, truck, or Louisiana motorcycle accident lawyer, we’ve got you covered at Gordon McKernan Injury Attorneys. Our legal team can help you understand your legal rights and options and fight to get you the compensation that you deserve.
Contact us today for a FREE consultation.
INJURED?
GET HELP NOW!
