Covington Car Accident FAQs

It is not uncommon for us to get a call from a new client whose car crash happened a few months earlier. When asked why they waited so long to call, we get a few common responses:

  

I Expected The Claims Process To Be Straightforward:

From all the insurance company commercials on TV, you would think that the insurance claims process after a wreck should be straightforward. You almost expect an insurance adjuster to appear out of nowhere, write you a check for your car, get you a rental ASAP, and take care of everything. But in reality, that’s now what happens.

 

Instead, you find yourself with a wrecked car and the insurance company is not in any rush to get you a rental. You don’t know who is going to pay your medical bills and the insurance adjuster who originally told you not to worry, won’t answer your calls.

 

With thousands of claims to handle, the truth is that you are just one more claim number to the insurance company. If you don’t have your own advocate who is willing to fight for you, this can be a very frustrating experience.

 

I Didn’t Think My Case Was Big Enough To Need A Lawyer:

At Flattmann Law, we handle all types of wreck cases, big and small. Unlike those TV lawyers, we are here for you even if your wreck didn’t involve “a company vehicle,” “big truck,” or “catastrophic injuries.”

 

With our free consultations, we even tell people if we think they can handle their own case and give them a few pointers to help them along the way.  

 

I Thought My Pain Would Get Better:

We represent honest, hard-working people who don’t make a habit of complaining. It is not uncommon for our client to tell us that they waited to go to the doctor because they were hoping the pain would go away on its own. When it didn’t, they knew something was wrong.

 

The insurance company is not going to give you advice about your injuries. In fact, they are going to throw the question back on you and tell you that “you need to get whatever medical attention you need.” But what does that mean? How does health insurance work in a car wreck situation, and who pays the bills?  These are all questions we can help answer at Flattmann Law.

 

Are You Frustrated With The Insurance Claims Process After Your Car Wreck ? 

Are you frustrated with the insurance claims process after you were involved in a car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.

Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

A lot of people don’t think that their car wreck is worth hiring an attorney over. Maybe their injuries “aren’t that bad,” they don’t think the insurance claims process will be difficult, or they just don’t like the idea of hiring a lawyer for a simple wreck.

 

I’m asked that question (“is it worth hiring you for my car wreck claim”) all the time, even by close friends and family. Honestly, it is a little awkward, because, while I don’t want to sound self-serving, but at the same time, I know the complications and traps that arise during an insurance claim and want to protect my friends and family.  So, my answer is always the same: “Let’s have a free consultation and you can decide from there…no pressure.”  And guess what? After going over the ins and outs of their car wreck claim, they usually decide that hiring us is the right way to go.

 

I can’t speak for all law firms, but at Flattmann Law, we promise:

 

No Hassle, Fast Consultations:

There is no reason that a free consultation should cause anxiety! Our consultations can be as simple as a 10-minute phone call, zoom call, or meeting at our office. It’s up to you.

 

When you call us, we will get general information from you about the accident, what happened, if there were injuries, the extent of car damage, etc. During a quick phone call, we can usually tell you if hiring an attorney is a good idea for your case.

 

No Pressure To Hire Us, Ever:

We will never hassle you or pressure you into hiring our firm. After our consultation, if you think you can handle the insurance claim on your own, no problem! We will even tell you our honest opinion of whether your claim rises to the point of “needing an attorney.”

 

We Are Still There For You, Even If You Don’t Hire Us:

We believe in providing outstanding service to our community. Even if you decide not to hire us, if we can answer some of your questions and help you succeed on your insurance claim, we are happy to do so.

Interested in a FREE, CONFIDENTAL, NO-PRESSURE Call About Your Car Wreck? 

Have you been in a car wreck and are interested in a FREE, CONFIDENTAL, NO-PRESSUE Consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.

Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

At Flattmann Law, we pride ourselves on communication. Our clients are kept updated during every step of their case and know that we are always there if they have any questions or concerns.

 

When our clients call us, they can usually get answers to their questions instantly. If they do have to leave a message during normal business hours, their call is typically returned within an hour if not sooner.

 

We also know that being in an accident and having an injury claim is a stressful situation. That’s why keeping our clients up to date is so important to us. We feel that by doing so, we can reassure our clients that their claims are being handled the right way and take away at least some of the anxiety.

 

We also know that our clients are busy and don’t always have the time to talk during the workday.  That’s why we often return calls after hours and on weekends, especially when we know that it would help our client feel better to get their questions answered.

Do You Want An Attorney That Will Exceed Your Expectations? 

If you want an attorney that will exceed your expectations contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.

Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Over the past 20 years, we’ve represented many families grieving with the loss of a loved one in a traffic accident. I’m always humbled when these families choose our law firm to help them with such an emotionally charged matter and we do everything we can to balance outstanding legal advocacy with empathy and respect for the family.

  

Compassion and Communication:

Throughout the case, from the moment of our initial consultation through resolution, we understand the magnitude of the family’s loss and work to identify the best way we can represent them, with the most respect for their loved one.

 

Communication is always important to us because we want our clients to have peace of mind that their case is being handled efficiently and effectively. When a death is involved, we work with the family to strike a balance between communication and providing space for grieving. However, clear expectations and timelines are set so that our clients are not overwhelmed by unexpected tasks.  

 

Respect for the Deceased:

To the extent the family feels comfortable, we want to understand who the decedent was as a person, just as if we were representing them directly. Such appreciation helps us present the family’s real losses to the insurance company, who would rather view it as just another claim number.

 

At the pace of the family, we talk about their loved one, look through photos and videos, and get to know them.  At trial or mediation, we often present slideshows and videos, showing the deceased person for who they really were and emphasizing the true loss suffered by the family.  

 

Evaluation and Expectations:

In any case we handle, the hardest part is converting pain and suffering to dollars and cents. But in civil law, monetary compensation is the only relief we have available. In a death case, this process is even more difficult.

 

However, at the appropriate time, we work with our clients to form a reasonable expectation of legal compensation. We understand that every case is different and that every person is unique. That’s why we go through a lengthy process of evaluating our clients’ claims based on the circumstances of their case.

 

We know that our clients have a lot to deal with after the loss of a loved one. That’s why we do everything we can to make the legal process a little easier.

Are You Are Dealing With The Incredible Loss Of A Loved One After A Vehicle Accident? 

If you are dealing with the incredible loss of a loved one after a vehicle accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.

Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

 

In the US, motor vehicle crashes are the leading cause of death. Think about that! Crashes kill over 120 people every day. (U.S. Centers of Disease Control and Prevention) 

 

We talk a lot about the many causes of car accidents and how to help avoid them. Lots of things lead to wrecks, such as distracted driving, speeding, impaired driving, not following traffic signals, inexperience, fatigue, reckless behavior, weather conditions, etc. But if we had to narrow it down to the leading 3 causes of traffic accident deaths, what would they be?

  

Impaired Driving (Alcohol and Drugs):

According to the National Highway Traffic and Safety Administration (NHTSA), 13,524 people died in alcohol-impaired driving traffic deaths in 2022. Alcohol impairment played a factor in about 30% of traffic fatalities.

 

Speeding:

According to the National Safety Council, speeding was a factor in 29% of all traffic fatalities in 2022, killing 12,151 people. Driving too fast, combined with other factors, like unfavorable weather conditions is a deadly combination. Speeding drastically reduces reaction times and increases the severity of collisions.  

 

Distracted Driving:

Distracted driving includes a lot of things: talking or texting on the phone, eating, reaching in the back seat, adjusting the radio, etc. According to the NHTSA, cell phone use alone contributed to 3,308 motor vehicle deaths in 2022! 

Have You Been Injured In A Car Wreck Involving Impaired Driving, Speeding, Or Distracted Driving? 

If you have been injured in a car wreck involving an impaired driving, speeding or distracted driving contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Contrary to what the TV lawyers want you to believe, not everyone suffers serious injuries in a car accident. Sometimes you may just want to go to the hospital to get checked out and make sure everything is okay.

 

But even in those circumstances, you still need to be aware of your rights and responsibilities and how going to the hospital affects your personal injury claim.

 

The Bills Are Coming (More Than Just One!):

If you go to the hospital following a wreck, you will usually receive bills from several different providers. First, the Hospital charges you for an Emergency Room visit (ie. St. Tammany Parish Hospital).

 

Second, the actual ER doctor who treated you is sometimes independent from the hospital and you may receive a bill from his or her physician group (ie. St. Tammany ER Physicians).

 

You may even receive separate bills from the radiologist and any other specialists who see you in the ER, such as orthopedists. 

 

Did you take the ambulance to the ER?  If the answer is “yes,” look out for a bill from the ambulance service (ie. Acadian Ambulance).

 

One of the most common mistakes people make when settling their personal injury claim on their own is not accounting for EVERY medical bill they incurred. This is usually because when they receive the hospital bill, they think it covers everything. Then, when the other bills start coming in after they settled, it is too late and the bills are their responsibility.

 

Your Health Insurer Wants Their Money Back:

We encourage our clients to use their health insurance for medical expenses, even if they are the result of a car wreck. Doing this greatly reduces the cost of medical expenses and more importantly, the chance of you ending up owing more in medical expenses than there is available liability insurance coverage.

 

However, when you use your health insurance for medical treatment related to a wreck, your health insurer may have a right to reimbursement out of any settlement proceeds. This is your responsibility. You don’t want to settle your personal injury claim without knowing how much you are responsible for repaying to your health insurer. Failing to properly reimburse your health insurance company can lead to personal liability and being dropped from coverage due to noncompliance. When you have Medicare or Medicaid and are in a wreck, making sure to properly comply with their reporting requirements is extremely important.

 

Don’t Rush To Settle:

Even if everything checks out fine for you at the ER, don’t be in a rush to settle your personal injury claim with the insurance company. Remember that your personal injury claim is separate from the claim for your car repairs (your property damage claim).

 

Even if you are feeling okay after leaving the Emergency Room, things can change quickly. Due to adrenalin wearing off, it is not uncommon for soreness and aches and pain to gradually come on in the days following a wreck. Even if you were feeling fine immediately after a wreck, you may wake up the next day with tremendous soreness.

 

Between making sure to account for all of the medical bills and making sure you don’t have any residual injuries, why we suggest waiting at least several weeks before even considering the settlement of your claims with the insurance company.

Have You Been Injured In A Car Wreck And Went To The Emergency Room And Have Questions About Medical Bills, Health Insurance Or Other Concerns? 

If you have been injured in a car wreck and you went to the ER after a wreck and have questions about medical bills, health insurance, or other concerns  contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Being injured on the job may not be a straightforward process, especially when someone else caused the accident. This can take place at the jobsite or even off-premises if you are still considered to be in the course and scope of your employment (ie. going from job to job in the company vehicle).  

 

A common mistake is not exploring whether you have a third-party claim, even if the injury occurred “on the job.” Not doing this can significantly limit your right to recover for your injuries and damages.

 

Do I Have A Workers’ Comp Claim Or A Third Party Claim?:

You are “on the clock” driving the company vehicle between work sites when someone wrecks into your car, injuring you in the process.  Do you have a workers’ compensation claim or a claim against the person who hit you?  The answer is…. Both. 

 

Workers’ compensation gets involved in most accidents that occur while a person is in the course and scope of their employment. Under the law, workers have the right to certain benefits, including medical care.

 

But, if your injuries were the fault of another party, not employed by your company, you may also have a claim against them (a “third-party” claim). In such a case, workers’ compensation may still be responsible for paying your medical bills, but will likely have a right to be reimbursed depending on the outcome of your third-party claim.

 

Did A Third Party Cause Your Accident?:

Sometimes, figuring out if the person who caused your accident was a “third-party” is straightforward, such as in the case of another driver rear-ending you in traffic. In such a case, they are obviously not employed by your company.

However, sometimes the answer is not so simple, like when an accident happens on a job site and the person who caused it was a subcontractor or borrowed employee. In those cases, exploring whether the at-fault party could be legally considered an “employee” of your company may be complicated.  In some cases, we’ve had to uncover contracts, pay records, job descriptions, and other evidence in order to establish whether someone was a third-party or fellow employee of the injured victim.

Have You Been Injured On The Job Due To Someone Else's Negligence And Don't Know If You Have A Third Party Claim?

If you have been injured on the job due to someone else’s negligence and don’t know if you have a third-party claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

If you are a Medicare beneficiary or even have a replacement or advantage plan through providers like Blue Cross, Humana, United Healthcare, or People’s Health, you need to be extra careful when it comes to knowing your reporting requirements following a car wreck, especially when the accident resulted in medical treatment.

Medicare Wants To Know About Your Accident:

Federal Regulations require you to take Medicare’s interests into consideration following an accident, illness, or injury which may be the responsibility of a third party. This includes car accidents caused by another driver.  

The accident is usually reported to Medicare through the Benefits Coordination & Recovery Center (BCRC) and/or the Centers for Medicare & Medicaid Services (CMS) and includes information about the accident, the responsible party’s insurance, and your injuries. Medicare then reviews any payments they may have made to medical providers on your behalf and send you a “conditional payment” letter, itemizing those payments. Once a personal injury claim is settled, the settlement is reported to Medicare, who determines how much, if anything, is owed to them in repayment out of the settlement proceeds.

It is important to comply with Medicare’s reporting requirements and properly open and close a claim with Medicare. If this is not done or not done correctly, Medicare may choose to take action against you, including the withholding of social security benefits.

Medicare Reporting Applies Even If You Have A Replacement (Advantage) Policy:

A lot of Medicare beneficiaries have replacement (or advantage) plans through various providers like Blue Cross, Humana, United Healthcare, and People’s Health, to name a few. If you have one of these plans, Medicare simply pays the plan a set price every month on your behalf and then the plan itself pays the medical provider.

If you are in an accident and have a replacement/advantage plan, it is still important to report the accident to BOTH your health insurer and to Medicare. Even though Medicare usually doesn’t pay any medical bills directly, they still want to know about the accident and it is still important to open and close a claim with Medicare/CMS properly in order to remain compliance.

Medicare Even Cares About Future Medical Bills:

Even if you properly report and reimburse Medicare for any accident-related bills they paid on your behalf, it is important to evaluate whether you will require additional wreck-related medical treatment in the future. If so, Medicare doesn’t want to pay for it!

Instead, depending on the circumstances, Medicare may want you to put funds aside out of an insurance settlement, for the payment of your future accident-related medical expenses. This is called a Medicare Set-Aside (“MSA”). MSAs are more common in workers-compensation claims, but must also be considered in the context of a personal injury claim.

Have You Been Injured In A Car Wreck And Are A Medicare Beneficiary And Want To Make Sure You Stay Compliant?

If you have been injured in a car wreck and are a Medicare beneficiary and want to make sure you stay compliant following a car accident contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

For 20 years, I’ve practiced personal injury law in St. Tammany Parish, one of the most conservative parts of Louisiana. Over that time, my clients have consisted of honest, hard-working people who have been seriously injured and just want what’s right and to be treated fairly.

There is nothing wrong with being conservative. But, when it comes to a car accident case, if you have an expectation of being treated fairly and believe that the insurance company will look out for your best interests, you can have your rights exploited, expose yourself to liability, and leave significant money on the table.     

It’s Not All Cut And Dry:

What may seem like a straightforward set of facts to you may turn into contested liability for the insurance company. At the scene of the accident, the at-fault person apologized to you for running the red light. But now, their story has changed, and they told their insurance company that they had a green light!  How’d that happen?

Does it really matter whether you were at a dead stop or if you were inching forward when you got rear-ended?  Why is the insurance company asking so many questions? Shouldn’t this be cut and dry?

The at-fault insurance company’s first job after a wreck is to establish liability, and if there is a way to deny your claim or even place some of the fault with you, they will look for it. Making your claim a lot more complicated will save them money and make the process a lot more frustrating for you.  

It Is Not The Insurance Company’s Job To Explain Your Rights And Responsibilities:

A lot of insurance companies now promote their online or mobile claims process. You can submit photos of your car damage from your phone and track the status of your claim. While this may work to get your car damage claim assessed, it does nothing for the other part of your case; your injury claim. 

What do you do about the doctor bills that are piling up, or the questionnaires your health insurance company is sending? What about lost time from work? The at-fault insurance adjuster won’t answer those questions for you. What’s worse is that if you don’t know the answers, it can leave you holding the bag with unpaid medical bills and health insurance compliance issues.

How Do You Know The Value Of Your Claim, Or When To Settle?:

You have 2 separate claims after a car wreck: one for your property damage and another for your personal injuries. For your property damage, the average person may feel relatively confident in figuring out if they are being treated fairly with repair costs, car values, and rental fees. However, when it comes to your personal injuries, what is a reasonable amount, and when should I settle it?

Even further, what kinds of things should you include in your injury claim? Are you including things like lost earnings? For doctor bills, do you take the total charge or just what the health insurance company paid?

The at-fault insurance company will give you a settlement offer, but how do you know what is fair and reasonable? If you do not know the value of your injury claim, it will be impossible for you to know if you are being treated fairly.

Once I Settle, Is My Case Closed For Good?:

Once you settle with the insurance company and sign a release, your case is forever closed. If anything pops up after your settlement that you didn’t think of, like ongoing medical issues or an unpaid medical bill, they will be your responsibility. If you later learn that your case was worth more than what you settled it for, it will be too late.

Have You Been Injured In A Car Wreck And Want To Talk To An Experienced Louisiana Personal Injury Attorney?

If you have been injured in a car wreck and think you may have it covered, but still interested in double checking with an experienced personal injury attorney for a FREE consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

If you don’t take the proper steps to protect yourself after an accident, any claims you have may get weaker and weaker as time goes by. The insurance company is not your advocate and will not look out for your best interests. If you don’t take action to protect your rights, nothing will get done. That’s why hiring (or at least talking) with a personal injury attorney can be valuable.

 

Quite frankly, since there is no pressure to hire us, taking advantage of our free consultation right after an accident is a no-brainer! Even if you decide not to hire us, at least you will gain a better understanding of your rights and the steps that should be done following an accident.

 

Here are just some of the examples of how waiting to call an attorney can hurt your case:

 

Nothing Is Being Done On Your Claim:

There is nothing more frustrating than thinking that the wheels are turning on your insurance claim and then finding out later that very little has happened in weeks! The progression of your car wreck claim depends on your actions in pushing it along. If you don’t provide the insurance company with the right information in just the right way, it is easy for them to delay your claim.

 

Unlike in the TV commercials, the insurance company adjusters will not magically appear and take care of everything. It’s up to you to push your claim along. And if you didn’t provide the right documentation or check the right box, the insurance company won’t necessarily tell you. With thousands of claims, the insurance company sees you as another number and will use any excuse to delay your claim.

 

You Are Creating A “Lapse In Treatment” For Your Injuries:

A lot of people think that if they are hurt in an accident, they have to wait for instructions from the auto insurance company before they seek medical treatment. This is not true. Instead, if you are hurt, you should seek treatment with doctors you choose.

 

Waiting to go to the doctor after an accident can create a “lapse in treatment.” The insurance company will exploit a lapse in treatment to argue that you must not have been really injured if you didn’t have to go to the doctor.

 

A lot of our clients also wait to go to the doctor because they think the pain will eventually go away. When it doesn’t, weeks have passed and it may now look like they are going to the doctor just because they have an insurance claim. That’s not true, but the insurance company will use it to their advantage.

 

Medical Bills Are Not Being Paid Correctly:

It is a common misconception that after a car wreck, the at-fault insurance company should pay your medical bills as you get them. This is not true. Instead, you are responsible for your own medical bills and will seek reimbursement from the at-fault insurance company later, when your claim is resolved. In the meantime, if you have health insurance, you should use it, but also beware of any reimbursement rights your health insurer may have out of future settlement proceeds. 

 

It is a big mistake to not use your health insurance for medical bills after an accident. This can lead to medical providers placing you in collections or you paying a lot more out of your own pocket than necessary.  

 

Evidence Is Being Lost:

After an accident, we may contact witnesses to get statements, search for video footage, and preserve evidence such as tire marks, debris, and vehicle damage. As time passes, so does our opportunity to collect important evidence for your case. 

Not Quite Ready To Hire An Attorney, But Interested In A Hassle-Free Consultation So You Can Better Understand Your Options?

If you have been injured and interested in a FREE consultation contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.