Covington Car Accident FAQs
Why won’t the insurance company pay me what I'm owed? If the other driver was at fault, why do I have to pay my own medical bills? Who pays for my rental car after my car was totaled? We answer questions like these and many more in our personal injury FAQs. If your question is not covered here, give us a call at 985-590-6182.
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What Does The Burden Of Proof Mean In A Louisiana Car Accident And How Can An Attorney Help With This?
The term “burden of proof” refers to the amount and type of the evidence you must show to legally prove that another party was at fault for causing a car accident. If you do not meet the burden of proof, you will not be successful in pursuing your claim.
Following a car or truck wreck, the at-fault insurance company will make its decision as to liability; that is, which party was at fault. It is important at that point to make sure they have been provided with sufficient facts to support your position.
If a car wreck claim becomes a lawsuit, Louisiana law requires the injured party to meet the burden of proving, through evidence, that the other party was at fault. This can include, among other things, of testimony from the parties, witnesses, and any investigators or accident reconstruction experts.
It is important to understand the difference between the burden of proof in a criminal case and in a civil case, which a car wreck case would be considered. In a criminal case, the burden of proof that must be met by the prosecution in order to convict a person is “beyond a reasonable doubt.” In contrast, in a civil case, the burden of proof that must be met is “more probable than not.”
An experienced car accident attorney is able to investigate, gather, and analyze evidence in a car wreck and make sure the insurance company receives information to properly evaluate an insurance claim. At trial, an attorney can help to make sure that everything is done to meet the burden of proving their case.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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How Can I Be Certain If I Accept The Insurance Company’s Offer Following A Louisiana Car Accident?
Beware of an insurance company offering you a “quick settlement” following a car wreck. This is the WORST TIME to settle your case. Why?
First, adrenalin in your body is released during an accident and can often mask serious injuries for several days. Never settle a car accident claim before you have fully recovered from your injuries or at least understand the extent of your injuries. What may seem like a good offer a day after your wreck can look like pennies compared to how you feel a few days later.
Second, in the days after an accident, you may not be thinking clearly, especially if you suffered a concussion or severe whiplash during the wreck. Now is not the time to analyze a settlement offer.
What happens if you accept an insurance company’s settlement offer? In order to finalize the offer, the insurance company will send you a “release.” This is a statement they want you to sign in order to give up any claims you may have in exchange for the settlement money. By signing a release, you literally sign away your rights to ever bring a lawsuit against the at-fault party or their insurance company, even if a hidden injury pops up later.
If you have received a settlement offer from an insurance company following a wreck and would like to review it with an attorney for free before you accept it!
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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I Was Recently In A Minor Fender Bender And I Agreed With The At-Fault Not To Report The Car Accident, But Now I'm Feeling Pain In My Neck. What Should I Do?
Often, what we originally think is a minor “fender bender” turns out to be more than we expected, either in terms of damage to our vehicle or injuries that progressively get worse.
The bad news is that it is common after fender benders, to refrain from calling the police, take photos and videos, and do all those things we should be doing after an accident in order to properly document the wreck.
But wait, there is good news! Just because the police weren’t called does not mean that the other party cannot be held responsible or that an insurance claim cannot be filed with their insurance company. Beware. Time is of the essence. The longer you wait to pursue the car wreck claim, the harder it becomes to prove your case.
When a client comes to our firm in a similar position (without an accident report), we quickly get to work gathering all of the information and evidence we can in order to prove our case. We immediately report the claim to the at-fault insurance company and let them know the extent of any injuries.
The average vehicle on the road these days weighs just over 2 tons! That’s plenty enough to cause injuries, even in “fender benders.”
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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How Do I Know If I Should Accept The Insurance Company’s Offer Following My Car Accident?
When evaluating an insurance company’s settlement offer following a car wreck, we look at numerous factors. These include but are not limited to the extent of our client’s injuries and medical treatment, medical bills, the potential for future medical treatment, whether there are any permanent injuries, lost wage damages, and many other factors.
Many insurance companies will offer an accident victim a quick settlement. However, once a settlement agreement is reached, a release is signed, closing the door to any future claims the victim may have, even if problems surface in the future. One of the most important things to do is to make sure you know the extent of your injuries before even considering settlement.
Another consideration is the amount of liability insurance available to the injury victim and whether the injured person has any other insurance available to them, such as uninsured/underinsured motorist coverage.
Finally, understanding any repayment obligations the injured person may have is important in considering a settlement. Many times, an injured person settles their claims without thinking about outstanding medical bills, Medicare or Medicaid repayment obligations, and other third-party interests.
Each case is unique and at Grady J. Flattmann, Attorneys at Law, we treat each one of our clients as individuals and carefully analyze their cases when it comes time to evaluate settlement.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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Can I File A Car Accident Claim If The Other Driver Died In The Accident?
Car accidents can cause tragic losses, including death. When the driver who caused an accident dies as a result, the car accident victim may still pursue an accident claim against them through their insurance company or even their estate.
In these unfortunate cases, the deceased driver’s insurance company is still responsible for any injuries and damages suffered by the victims. If the at-fault driver did not have insurance or did not have enough insurance to cover the injuries and damages caused by their negligence, the victims may have a claim against their estate.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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What Can I Do If The Insurance Company Doesn’t Want To Give Me Enough Money For My Totaled Car?
In Louisiana, an insurance company can “total” a vehicle if the cost to repair the damage is 75% or greater than the “actual cash value” (ACV) of the vehicle. If you are like most people however, the value of your vehicle to you is much higher than the money the insurance company may want to give you. My clients often tell me that whatever money the insurance company gives them cannot replace their old vehicle, especially if they didn’t have a note on that car!
So, what should you do if you feel that the insurance company is low-balling you on your total loss claim? First, do your own research. Sites like Kelley Blue Book are good resources for getting an idea as to the private party sale value of your vehicle. While they may not provide you with the ACV, they can at least provide you with a range of the reasonable value of your car.
Second, ask the insurance company for a copy of their total loss evaluation report. This is a document the insurance company uses to make their total loss offer. It should contain values of comparable vehicles for sale, your vehicle’s wreck history, any deductions the insurance company is taking off for prior damage to your vehicle.
Third, if you recently purchased new tires or other major parts for your vehicle, make sure you provide the insurance company with receipts from those purchases. New tires for instance, may increase the value they are willing to offer you.
Finally, if you still feel that you are being undervalued, it may be worthwhile to pay for your vehicle to be evaluated by your own independent appraiser.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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I Was in A Car Accident And Didn’t Want To Move My Car Until The Police Came. Was That The Right Decision?
Being in a car accident can be a terrifying experience, especially if it happens in the middle of a busy roadway. What should you do if you are blocking traffic or at risk of getting hit again?
In a perfect world, I’d advise my clients to call the police and wait for them to arrive before moving their vehicle. The police will take notes as to the positions of the vehicles so that they can record how the accident occurred. They will also be able to assist in safely removing the vehicles from the roadway.
BUT, your safety and the safety of those around you are of the utmost importance. If your car is positioned where you think it may get hit again or cause other harm, it is okay to get it out of the way if it is safe to do so.
Before moving your vehicle, and only if it is safe to do so, take as many pictures and videos as possible to capture the original positions of the vehicles and to document the accident scene. Also, let the other drivers and witnesses around you know that you are moving the vehicle, so they do not think you are fleeing the scene of the accident for any reason.
Whatever you do, consider your safety and the safety of others first!
Have You Been Injured In A Covington Area Car Accident?
If you'be been hurt in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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How Do You Establish Fault After A Red Light Car Accident?
The most common excuse an at-fault driver has when accused of running a red light is that their light was green. “Green light-red light” accidents are common and insurance companies love to deny insurance claims based on their insured’s own self-saving statement. So, how can you establish fault after a red-light accident?
First, it is very important to study the police report for any evidence the police may have gathered during their investigation. Were there any independent witnesses who saw the accident? Perhaps a fellow driver who was nice enough to stop and provide their statement?
Second, a trip to the accident scene may be useful to see if there are any stores or residences around with cameras which may have captured the accident. It is important to do this as soon as possible, since many surveillance systems erase footage after a certain amount of time.
Finally, we sometimes use an accident reconstruction expert to analyze the details of the accident, including damage to the vehicles, skid marks, etc., in order to prove how the accident occurred.
These are just a few ways we attempt to establish fault when the other driver denies running a red light.
Have You Been Injured In A Covington Area Car Accident?
If you'be been hurt in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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What Should I Do If Someone Hit My Parked Car In Louisiana?
Parking lot collisions are common. It is very unpleasant to walk out of the grocery store to find that your parked car has been hit. So, what do you do if your car was hit while parked?
The steps to take after your parked car is hit is the same as any other accident. First, call the police and report the incident. If anyone was in the car and is injured, report that to the police and if necessary, request emergency assistance. Note that for minor accidents on private property (like grocery store parking lots or in subdivisions), police may refuse to respond to the incident. If they do, be sure to note the time of your call and to whom you spoke, so that you can document that you attempted to call the police.
Second, take as many pictures and videos as possible of the vehicle damage and accident scene. This will be the only time you can capture that evidence, which may be important, especially if the other person’s insurance company is denying responsibility.
Third, make sure to collect the other person’s information, including their name, contact information, insurance company, and insurance policy number. This will allow you to file a claim without having to wait on a police report.
Other tips include looking around the parking lot for surveillance video and asking for a copy of the video showing the incident. If the accident happens in a store parking lot, you may even ask the store to document it by filling out an incident report.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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Can I Change My Mind About The Lawyer I Selected To Represent Me Following A Louisiana Car Accident?
We often get phone calls from injury victims who are not satisfied with their current lawyer and are looking to hire another law firm to handle their case. I always encourage those callers to contact their current attorney and schedule a meeting to discuss their concerns and to get a clear understanding of what is being done in their case. Most times, a simple meeting with their attorney solves the problem.
If a person is already represented by another attorney, we cannot discuss the specifics of their case with them unless they have discharged their present attorney. The primary reason is that doing so may compromise the attorney-client confidentiality they have with their current lawyer.
A client who fires their attorney should do so in writing. The client should also request their entire file so that their new lawyer can review it. It is important to note that firing an attorney does not mean that they will not be owed money at the end of your case. In fact, a fired attorney may have a claim for repayment of case expenses and for fees, depending on the amount of work they did prior to getting fired.
Communication with your current attorney is always encouraged prior to making the decision to switch lawyers.
Have You Been Injured In A Covington Area Car Accident?
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.