Motor Vehicle Accident FAQ

Do I need an attorney for my car crash claim? What if I was partially at fault in the accident? What if the other driver did not have automobile insurance? We give detailed answers to these questions and much more in our motor vehicle frequently asked questions.

  • Page 1
  • 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.

  • I Went To the Hospital After My Wreck But Seem To Be Okay. Do I Still Have A Claim?

    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.

  • 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.

  • How Do Conservative People Get Taken Advantage Of In A Car Wreck Claim?

    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.

  • How Does Waiting To Call An Attorney Hurt Your Car Wreck Case?

    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.

  • What Are Steps To Take In Anticipation If Your Vehicle Is A Total Loss After A Wreck?

    A Slow Process… Until it Isn’t:

    After a car wreck, the insurance company’s evaluation of your vehicle damage (your property damage claim) may take a while to get started. The insurance company has to investigate the accident, determine liability, send an adjuster out to your vehicle or have you or the shop do a “virtual inspection,” and estimate the value of your damages. In Louisiana, the law states that if the cost of repairing your vehicle is 75% or more of its actual cash value (ACV), then the insurance company can declare it a “total loss.” In that case, the insurance company must pay you the ACV.

    Once a vehicle is declared a total, buckle up! At that point, the adjuster is under pressure to put a stop date on your rental (if you have one), stop any continuing storage costs on the vehicle, and process the paperwork as quickly as possible.

    So, what can you do ahead of time to prepare yourself for a total loss?  Here are some steps to take if you even suspect your vehicle will be totaled after an accident.

    As Soon as Possible. Get all of Your Stuff Out of the Car and Get Your License Plate:

    If your vehicle is at a tow yard or repair facility following an accident, go to the yard and get all of your belongings out of it. Don’t forget to check the trunk, glove box, and under the seats! You should also bring a screwdriver so you can get the license plate off of the vehicle.

    This is important because the insurance company usually wants to have your vehicle moved to their own location when it is being evaluated, in order to avoid paying storage fees.  The vehicle may be moved far away, and once that happens, it will be a lot more difficult for you to get your belongings and license plate in the event it is totaled. 

    Don’t Forget to Take Pictures and Video of Your Vehicle:

    Even if you took photos and video at the scene of the wreck, make sure to take even more when you go to visit your car wherever it is being held. Take photos and video at all angles, of all the damage, and even the interior, especially if the airbags deployed. If you can, take a photo of the odometer reading.

    Photos and videos may be important if you have to hire your own damage appraiser to fight the insurance company regarding the value of your vehicle, or if the insurance company wants you to send them evidence of the damage and/or mileage.  This evidence may also be important to an accident investigator later on.

    Prepare to Get Another Vehicle:

    When you are waiting on the insurance company to decide whether your vehicle is a total loss or not, you may feel stuck. But this is the time to be proactive! While you may not be able to purchase another vehicle before the total loss process is complete, you can start looking so that you have options in mind as soon as you are able to move forward.

    You May be Able to Get Refunds for Unused Extended Warranties and GAP:

    If your vehicle is totaled and you have unexpired extended warranties or unused GAP insurance on it (less common), then you may be due a prorated refund. Pull out your sale paperwork and call the warranty company. In some cases, the dealer from whom you purchased the vehicle may be able to help you through that process.

    Have You Been Injured In A Car Wreck And Your Car Was A Total?

    If you have been injured and your car was totaled in a car wreck due to the fault of another driver 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.

  • How Does Flattmann Law Look Out For Their Clients Beyond The Car Wreck?

    At Flattmann Law, our commitment to our clients extends beyond their car wreck claims. We have been blessed on several occasions to help catch early indications of cancer and bring it to our clients’ attention so they could seek treatment. We also work with caring medical providers who take their commitment to patients way beyond the car wreck. 

    We carefully review medical records for more than just accident-related information:

    After a car wreck, one of the things we do is obtain our client’s medical records, evidencing the treatment they received because of the wreck. We review and summarize those records, capture billing information, and use them to prove our claims with the at-fault insurance company.

    During our medical records review, we pay close attention to our client’s reported injuries and complaints and the doctor’s diagnosis and opinions. We also carefully review our client’s medical history and how that may relate to their injuries. In doing so, we sometimes come across an unrelated issue that we want to bring to our client’s attention ASAP.

    How a shoulder MRI revealed cancer:

    One recent example is a client who had suffered a shoulder injury as a result of a T-bone collision. While reviewing the MRI report, the radiologist noted a large bone lesion and recommended further evaluation.

    No sooner had we read the radiologist’s report discussed above, than the phone rang. It was our client’s chiropractor, who had ordered the shoulder MRI. He had also received a copy of the report and was calling us about the bone lesion. He wanted to make sure we both urged the client to seek follow-up care as soon as possible.

    We immediately called our client to discuss the findings and urged her to seek follow-up care. A week later she was diagnosed with bone cancer and was able to begin treatment.

    During almost 20 years representing car accident victims, we have had many similar opportunities to bring non-wreck related medical issues to our clients’ attention, ranging from indications of cancer to untreated severe hypertension.

    At Flattmann Law, our commitment to our clients isn’t restricted to their car accident case. We treat our clients like family and look out for them the best we can.

    Have You Been Injured In A Car Wreck And Want An Attorney Who Will Truly Care For You?

    If you have been injured in a car accident and want an attorney who will truly care for you 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 One Of The Worst Intersections In Covington? And How To Avoid These Types Accidents?

    In Covington, the intersection of Highway 21 and Pinnacle Parkway/Ochsner Blvd. is one of the most dangerous in all of St. Tammany. Anyone who lives or works in the area knows how busy that intersection can be, especially at rush hour. It is not surprising that multiple accidents occur there each week. So, how can you avoid becoming another statistic?

    Why is the intersection so bad?

    The intersection of Highway 21 and Pinnacle Parkway/Ochsner Blvd. is one of the busiest sections of roadway in St. Tammany. Situated near Interstate 12, thousands of families live in subdivisions within two miles of the intersection. Large shopping centers and stores like Target and Sams (Costco coming soon) line the corridor, with Ochsner Medical Center also down the street.

    The intersection is 186 feet (62 yards) across, from Pinnacle Parkway to Ochsner Blvd. That means it takes several seconds to cross from one side to the other. It also means that someone entering the intersection on a yellow light may still be in it when it turns red. 

    Highway 21 can get severely congested, backing up into the intersection. When the light turns green on Ochsner Blvd., it doesn’t necessarily mean that turning vehicles have anywhere to go. Navigating the intersection can be very frustrating at times.

    There are also lots of distractions at the intersection. Street peddlers who go from one car to another asking for money are common. Also, long waits at the intersection mean that more people are on their phones and not paying attention to traffic.

    How to help avoid an accident at Hwy 21 and Pinnacle Parkway/Ochsner Blvd:

    Here are a few tips to help avoid accidents at the intersection of Hwy 21 and Pinnacle Parkway/Ochsner Blvd.:

    1. Count to 2 before going: As at any intersection, the “count to 2” rule can help avoid crashes. When your light turns green, count to 2 while you survey the intersection for any vehicles running their light or still in the way.
    2. Make sure there is room for you: Take a peak at the direction you are headed and make sure there is enough room for you to get through the intersection.  If there’s not, stay put.
    3. Focus and avoid distractions:  Remember that your primary job is paying attention to other traffic and getting yourself and your passengers to your destination safely. Avoid checking your emails and texts.

    Have You Been Injured In A Car Accident At An Intersection And Need Help?

    At Flattmann Law, we want to help people avoid accidents, but are there for you if you are in one. If you have been injured in 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.

  • How Can Parents Help Advocate Before and After Their Teenager is Involved in an Accident?

    Young Drivers are Often Unfairly Blamed for the Wreck, Regardless of the Circumstances:

    When a teenage driver is involved in an accident, the presumption is typically that they were responsible for causing the wreck. It’s one of those unfair stereotypes and it is even more prevalent for male drivers. At Flattmann Law, we have seen examples of this scenario over and over again.  So, how can parents help advocate for their teen drivers, both at the accident scene and during the insurance claims process?

    Tips for Being Proactive (Getting a Dashcam and Preparing Your Teen Driver):

    Advocating for your teen driver begins way before an accident happens. One tip is to equip the car your teen will be driving with a dashcam. Video footage proving that the other party was at fault can save a teen from being falsely blamed for an accident, especially when the details of the wreck are not straightforward (ie. a green light/red light scenario).

    Another tip for parents is to talk to prepare their teen regarding what to do if an accident happens. After a wreck, teens are often shaken up, even more so than older drivers.  Make sure your teen knows what to do after a wreck:

    • Make sure they are okay and check on others involved, if it is safe to do so.
    • Call 911 first, then call you.
    • If it is safe, take photos and videos of the scene and the other vehicle.
    • Stay calm while talking to the police.
    • Obtain the other driver’s insurance and contact information.

    Tips for Handling the Insurance Claims Process:

    Teens are usually listed as an authorized driver on their parents’ auto insurance policy, and it is the parent who should initiate and pursue the insurance claim, not the teen. If you choose to use this as a learning experience for your teen and let them shadow you through the process, great! But the parent (not the teen) should really handle the process.

    First, make sure to report the claim to your insurance company, even if the other driver was at fault.  Chances are that the other driver will be filing a claim with your insurance, so letting the insurance company know your teen’s version of the story before that happens is important.

    Second, remember you (and your teen) are NOT required to give a recorded statement to the other person’s insurance company. This is even more important for teens, who may be easily confused with trying to put words to the wreck they experienced. While you do want to cooperate with your own insurance company, parents should still be cautious and monitor what their teen says in recounting the facts of the wreck.

    Finally, make sure your teen does not post anything having to do with the wreck on social media. Even statements, photos, or videos that seem harmless can be misconstrued. Believe us! The insurance company and other parties involved in the wreck may be monitoring your teen’s social media accounts waiting for them to slip up.

    Reassure Your Teen After a Wreck:

    It is not uncommon for anyone involved in a wreck to be reluctant to get back behind the wheel, and for teens, this is even more prevalent. They just started driving and whack…the accident happened! As parents, we have to reassure our teen drivers of their abilities and make sure they learn from the accident. After a wreck, parents should drive with their teens until they feel comfortable again to drive by themselves.

    Has Your Teen Been Injured In A Wreck And You Have Questions About Handling Your Teen Drivers' Wreck?

    If you have questions about handling your teen driver’s 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.