Our Injury and Accident Frequently Asked Questions

What if the other driver says I am partially at fault in the car crash? Who is responsible for my slip and fall accident outside a store? Is the parking garage where I was assaulted partially responsible for my injuries? We answer questions like these and many more in our accident and injury frequently asked questions. Browse for the answers you need.

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  • Should I Hire An Attorney For A Car Wreck Claim?

    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.

  • What Is Your Average Response Time For Returning Client Calls?

     

    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.

  • What Are The Leading Causes Of Traffic Deaths?

     

     

    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.

  • When Is An Injury On The Job More Than Just Workers’ Comp?

    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.

  • Why Should Medicare Beneficiaries Be Extra Careful After A Wreck?

     

    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.

  • Who Is Responsible For A Wreck Involving A Ride-Share Vehicle Like Uber And Lyft?

    With ride-share services like Uber and Lyft becoming more popular, wrecks involving ride-share vehicles are also more common.  While the insurance claims process is similar to a regular car wreck, there are a few differences in the way you should handle claims with Uber and Lyft.  In this article, we explain how ride-share claims are different and provide a few tips for protecting yourself. 

    Who Is Liable For A Wreck Involving A Ride-Share Vehicle?

    Like any accident, responsibility for damage and injuries resulting from a wreck belongs to the driver who caused the wreck.  Normally, the at-fault driver’s personal auto insurance would be liable for the insurance claim.  However, for wrecks involving ride-share vehicles, the driver’s personal insurance will probably not apply.  That’s because personal auto insurance typically excludes drivers who are in the course and scope of a business mission or specifically, participating in a ride-share or “for-hire” service at the time of the wreck. 

    Thus, for wrecks involving a ride-share vehicle, insurance claims will usually be filed through the service itself, such as Uber or Lyft. 

    The Amount Of Coverage May Depend On The Driver’s Status At The Time Of The Wreck:

    Ride-share services such as Uber and Lyft usually provide insurance coverage for wrecks involving their drivers.  However, the amount of available insurance may depend on the “status” of the Uber driver at the time of the wreck. 

    For instance, at the time of this writing, if the Uber driver was “available or waiting for a ride request” at the time of the accident, Uber provided liability coverage of $50,000 per person, up to $100,000 per accident, and $25,000 for property damage (50/100/25).  If the Uber driver was “en route to pick up riders” or in the middle of a trip, Uber provides up to $1 Million in liability coverage.

    This means, it is important for you to take note of things at the scene of the accident, such as whether the driver had passengers in his vehicle, or if the driver said he was on his way to a pick up. 

    How The Insurance Claim Process Works:

    With ride-share accidents, the insurance claims process is very similar to a regular car accident, with the exception that the initial claim is usually filed directly with the ride-share service.  Some of the bigger services, like Lyft and Uber have online claims processing options.  Once a claim is filed, the ride-share company sends it to their insurance company for further handling. 

    Other Tips (Take Photos and Video!):

    For a wreck involving a ride-share vehicle, it is very important to collect information at the accident scene about the at-fault driver and their vehicle.  If possible, take photos of important evidence including:

    • The other driver’s license.
    • The other vehicle’s registration.
    • The other vehicle’s license plate.
    • Stickers/decals identifying the other driver’s vehicle as a ride-share (ie. Uber sticker).
    • Photos and/or videos of the accident scene.

    Getting this evidence will help get your claim processed more quickly and will support your insurance claim moving forward. 

    Have You Been Injuried In An Accident With A Ride-Share Vehicle?

    If you have been injured in an accident with a ride-share vehicle and have questions as to how the process works, 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.

     

  • What Should You Do If You Get A Letter From Your Health Insurance Company After A Wreck?

    Did you get a letter from your health insurance company after being in a car wreck?  Is it asking you to “tell us about your medical treatment for your injury” or “did you have medical treatment for an injury or illness that someone else may be responsible for payment?” 

    It is important to respond properly to this letter.  Ignoring it may result in your health insurance company denying payment for medical treatment. 

    Why Is My Health Insurance Company Sending Me A Letter?:

    If you receive medical treatment after a car accident, the medical providers, like an ER, usually input special codes while billing your health insurance.  These codes are picked up when your health insurance processes the bill, alerting them of a potential accident.   When your health insurance company sees that you may have been in an accident, they automatically send you a letter requesting more information.

    Your health insurance company wants to know more information about your wreck for a few reasons.  First, if you settle your car wreck claim, they may have a right to be reimbursed from the at-fault insurance company for any wreck-related medical payments made on your behalf. 

    Second, your health insurance company wants to know if you have any other insurance available to pay your wreck-related medical bills, before they pay.  For instance, “medical payment” (“med-pay”) coverage under your own auto policy is meant to pay wreck-related medical bills.      

    Does This Mean My Health Insurance Company Will Stop Paying?

    No.  Just because you were in a wreck doesn’t mean that your health insurance company will stop paying your medical bills.  They are still contractually obligated to do so.  However, if you other sources available to pay medical bills (like the “med-pay” coverage discussed above), you will need to prove to your health insurance that those sources have been exhausted before they continue paying. 

    If you ignore your health insurance company’s inquiry letter, they MAY STOP paying your medical bills.  This is because your contract with them requires you to cooperate in their investigation of any claim, including those stemming from car wrecks. 

    How Should I Respond To The Letter?

    You should be truthful in your response to your health insurance company in letting them know about the wreck.  If you do not have “med-pay” coverage or if your “med-pay” has been exhausted, it is important to let them know that, so they do not stop paying your medical bills. 

    Be careful describing your injuries, as the at-fault auto insurance company may see your response later and hold them against you, especially if your reported injuries do not match your current complaints.

    Have You Been Injured In An Accident And Received A Letter From Your Health Insurance Company?

    If you have been injured in an accident and received a letter from your health insurance compnay about a wreck and have questions, 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.

  • Shouldn’t The At- Fault Insurance Company Pay My Medical Bills?

    One of the most common misconceptions of car accident victims is that the at-fault car insurance company should be paying medical bills as they are incurred.  Unfortunately, while the at-fault insurance company is ultimately responsible for your damages, including medical bills, they do not have to “pay as you go.” 

    The At-Fault Insurance Company Doesn’t Have To Pay As You Go:

    For car accident cases in Louisiana, there are usually two different claims involved: (1) the property damage claim, which includes damage to your vehicle; and (2) the injury claim, which involves damage to you, including your medical bills. 

    For the property damage claim, the at-fault insurance company is legally required to adjust your claim and pay for property damages within a certain amount of time after they are presented with adequate proof of loss.

    For your injury claim, while the at-fault insurance company may ultimately be responsible for your medical bills, they are not legally required to pay them as they come in.  Instead, they are usually interested in settling all of your injury claims, including medical expenses and general damages, all at once. 

    Don’t List The At-Fault Insurance Company As The Responsible Party At The ER:

    It is not uncommon for our clients to report that they listed the other person’s auto insurance as the responsible party for payment at the Hospital Emergency Room.  This is a mistake.  First, the hospital (or any medical provider) has no right (or way) to bill the other person’s auto insurer directly for your bill.  While the accident may not be your fault, you are responsible for any medical bills stemming from it.  

    Use Your Health Insurance:

    It is a good idea to use your health insurance following a car accident, as doing so will reduce the amount of your medical obligations.  If you don’t use your health insurance, medical providers may try to bill the entire medical bill directly to you and it will remain your responsibility, even if you are the victim of a wreck. 

    By using your health insurance, you enjoy the benefit of contracted discounts and should only be responsible for your deductibles or copays.  However, it is important to know that the health insurer has the right to reimbursement in the event you settle your auto wreck case with the at-fault insurance company.  Therefore, it is important to keep your health insurance company updated on the status of your auto claim.  It is also important to understand the ins and outs of your health insurance company’s right to reimbursement. 

    The At-Fault Insurance Company Is Ultimately Responsible:

    Once our client has recovered from their injuries, we gather all of their medical records and medical bills.  Their medical bills become part of their personal injury claim and are factored in when negotiating a settlement with the at-fault insurance company. 

    Once a settlement is finalized, a portion of the settlement funds are used to pay any remaining medical bills and, if applicable, to reimburse our client’s health insurer.  At Flattmann Law, we always provide our clients with a detailed breakdown of how settlement proceeds will be distributed, PRIOR to a settlement being finalized.  That way, there are no surprises. 

    Have You Been Injured In An Accident And Have Questions About Big Medical Bills?

    If you have been injured and have questions about big medical bills following an 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.

  • Why Is The Insurance Company Requesting The Past 5 Years Of My Medical Records?

    Insurance companies sometimes ask you to sign a blanket medical authorization after a car wreck so that they can obtain your medical records.  Should you sign those forms?  Why are they looking to get medicals that far back, and even prior to the accident?   

    What Do My Past Medical Records Have To Do With My Accident?:

    In big accident cases, the at-fault car insurance company (or your UM insurer) may ask you for medical records from before your accident.  There is no legal limit on what they can request, but most companies may request five years of past records. 

    The goal of the insurance company in obtaining past records is so that they can compare those records to your current (post-accident) injuries and complaints.  For instance, if you are claiming low back injuries from a car wreck, the insurance company wants to see if you had any prior low back injuries or complaints documented in past medical records.  If you do, they will compare those past complaints to your current condition.  Their goal is to downplay your current injuries or blame them altogether on an unrelated incident, prior to the accident in question. 

    Does The Insurance Company Have The Right To Get My Medical Records?:

    In Louisiana, if a lawsuit has not yet been filed for an accident, the at-fault insurance company does not have the right to get your medical records without your permission, usually in the form of a medical records release.  This is a double-edged sword, as failing to comply with the insurance company’s request may lead to their outright denial of your claim.  The best thing to do is to contact an experienced personal injury attorney who can weight the pros and cons of your individual situation.

    It is important to note that you may have a different set of responsibilities when dealing with your own insurance company under a UM (Uninsured/underinsured motorist) claim.  That’s because the relationship you have with your own insurance company is contractual and you must adhere to the rules set out in your insurance policy, including working with them to explore claims. 

    Do The Rules Change If I File Suit?:

    Once a lawsuit is filed on a car accident case, the rules on obtaining past medical records change.  After a suit is filed, the at-fault insurance company has the right to conduct discovery, which includes exploring your medical history as it relates to your claims. 

    In a lawsuit, an insurance company will typically request your medical authorization so that they can obtain pertinent medical records.  Sometimes, they will ask for medical records prior to the accident date, again trying to prove that your injuries were pre-existing and unrelated to the accident at issue. 

    The rule during discovery is generally that the insurance company has the right to collect information which may lead to admissible evidence at trial.  This is very broad.  However, it is not without its limitations.  At Flattmann Law, we protect our clients from overly broad requests into their past medical treatment, especially when past treatment is completely unrelated to their current complaints.  For instance, we might object to a request for 10 years of our client’s past psychological treatment notes if their current claims have nothing to do with psychological injuries. 

    Again, whether or not the insurance company has the right to request past medical records and the extent of their requests can be complicated and are individual to every case.  It can be extremely beneficial to contact an experienced personal injury lawyer to discuss these issues before making any decisions regarding the release of medical information. 

    Do You Have Questions About An Insurance Company's Request For Medical Records After An Accident?

    If you have been injured in a car wreck and have questions about an insurance company's request for medical records after an 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.

  • Why Does It Matter To My Insurance Claim How Many People Were Injured In A Wreck?

    A multi-vehicle wreck or multi-car pile up can have serious consequences.  Accident victims in wrecks involving multiple people with injuries sometimes find themselves battling each other for compensation from a limited fund. 

    The More Injured People In An Accident, The Less Insurance Available:

    If you have been injured in a multi-vehicle accident, there is a real possibility that the amount of compensation you may be able to recover from the at-fault insurer will be limited.  Why?  Because auto insurance policies in Louisiana have bodily injury and property damage liability limits that cover the entire accident, and do not increase based on the number of injured people or vehicles involved. 

    Example:

    Say you are a victim of a car wreck on US Highway 190 in Covington.  It was a major accident involving multiple vehicles.  The at-fault driver clipped a car, then rammed into the back of your truck, causing you to hit the vehicle in front of you.  All three vehicles were totaled.  To make things worse, each of the three vehicles had a passenger in them, and all 6 occupants (drivers and passengers) were injured. 

    The at-fault driver had State Farm.  He had the minimum 15/30/25 coverage.  That means, he had bodily injury liability coverage in the amount of $15,000 per person up to a limit of $30,000 for each accident (everyone who was injured), and property damage limits of $25,000. 

    In this scenario, State Farm will have only $30,000 TOTAL to cover the medical expenses and general damages of all six injury victims.  Unfortunately, all six went to the hospital and the ER bills alone total $40,000.  What makes matters worse is that all three vehicles were totaled and have a combined actual cash value of $80,000.  State Farm only has $25,000 to cover this.

    As you can see, getting in a muti-vehicle wreck can mean that the at-fault driver’s insurance coverage may be inadequate to cover the losses. 

    What Will The At-Fault Insurance Company Do If Their Limits Are Not Sufficient?:

    As an initial step, the insurance company for a driver who causes a multi-vehicle and/or multi-injury wreck will try to figure out if it can settle the claims of all the drivers with the amount of coverage it has available.  If they believe this is possible, they will request that all the parties send in their claim information, including medical bills and records, and then make settlement offers to each claimant. 

    If, on the other hand, the insurance company realizes that settling all the claims within its policy limits will be impossible, it will do one of two things.  Sometimes the at-fault insurance company will try to determine the most serious claims and try to settle those from the policy limits.  If they can, they have effectively eliminated the most serious exposure to their insured (the at-fault driver).  However, it also means that several other claims, albeit smaller claims, may remain to pursue the at-fault driver personally.  (As a side note, the at-fault driver’s insurance company would still have to provide them with a defense if they were sued). 

    If the at-fault insurance company decides that it is impossible to settle with any of the injured claimants within its limits, it may not make personal injury offers to anyone.  In such a case, the injured parties would have to sue the at-fault driver and his insurance company.  

    Finally, with regard to property damage, in Louisiana the at-fault insurer is legally required to pay such claims.  In a multi-vehicle accident involving a limited amount of property damage coverage, the insurance company typically evaluates each person’s loss, then divides the available policy limits “pro-rata” (proportionately) among the claimants. 

    So, what should you do to avoid this scenario?

    How Do I Protect Myself From Limited Insurance?:

    Having an efficient and fast attorney on your side is one step you can take to help maximize your recovery in a multi-vehicle accident case.  An attorney who quickly gathers your medical bills and records and submits adequate proof of loss to the insurance company gives you the best chance of recovering before everyone else.  If the at-fault insurance company decides that it doesn’t have enough coverage to pay all the claims, but decides to pay some of them, having your paperwork ready on their desk gives you the best chance of recovering. 

    Also, make sure to have UM (uninsured/underinsured motorist) and collision coverage!  We cannot stress this enough and have done many other articles on this issue alone.  UM insurance will provide additional insurance to you in the event the at-fault driver was uninsured or doesn’t have enough insurance to cover your injury claim.  Collision coverage is similar and covers damage to your vehicle, regardless of who was at fault for the wreck.  Make sure you have these coverages!

    Have You Been In A Multi-Vehicle Accident And Are Worried That The Number Of Injured Claimants Will Diminish Your Claim Value?

     If you have been injured in a multi-vehicle car wreck and are worried that the number of injured claimaints will diminish your claim value, 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.