Louisiana is a Fault State: What Does that Mean for You?

Posted by Chris Medine on Jul 29, 2019 3:30:00 PM

LouisianaDifferent states have different laws when it comes to auto insurance and how auto accidents are handled in terms of liability, claims, and all corresponding processes.  One crucial distinction is that Louisiana is a “fault” state.  What does this mean? And what does this mean if you are ever in an auto accident in Louisiana?

Typically states abide by one of two philosophies; fault, or no-fault.  How your auto accident claim will be handled varies drastically depending on which type of state in which your accident occurs.  If it happens in Louisiana, you will be under the stipulations of a fault state, which is the traditional practice of determining which party is responsible for the accident.

What is a Fault State?

In a fault state, the law will decide which party will be financially responsible for financial losses, including injuries, vehicle damage, lost income, and more.  The at-fault party’s insurance company will absorb these costs, up to the policy’s limits.  If you suffer any of these losses due to damage or injury or damage, you have three options in Louisiana.

  • You can file a claim with your own insurance company.
  • You can file what is called a third-party claim with the at-fault driver’s insurance company.
  • You can file a personal injury lawsuit in a civil court against the at-fault driver.

If you opt to file a personal injury lawsuit, the court will ultimately determine who was at fault.  Many times in this case, these suits begin as third-party claims.  If the liable party’s insurance company and the victim’s representation can’t settle, it will proceed to a courtroom.

Repairing Your Car After an Accident

One of the important things to consider when involved in an auto accident is where to take your car for repair.  Whether you were at fault or not, it is your right to choose the collision center.  While your insurance company or the other party’s insurance company may recommend other places, you are not limited to those options.  Be sure that you select an experienced, trusted, quality collision center.  Medine’s Collision Center has been helping Baton Rouge get back on the road for decades.  The experts at Medine’s are your accident advisors and will see you through the entire process.

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