Motor Vehicle Accident FAQ

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.

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.

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.

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.

St. Tammany Parish is a wonderful place to live and raise a family because of the people who live here. For nearly 20 years, Flattmann Law has been representing hardworking, honest people on the Northshore. Over and over, our clients come in after a wreck saying, “I just want what’s right.” That’s how we handle personal injury cases. We don’t make things up, we play by the book, and we work our tails off in order to make things right for our clients.

We don’t make things up, but we don’t sell ourselves short either:

What may be the straightforward facts of an accident to you or me may be more complicated to the insurance company. When we report an accident, we don’t embellish the facts. Instead, we provide the insurance company with facts based on witness accounts, the accident report, photos and videos of the scene, dashcam footage, and other evidence.

All too often accident victims get long-winded during their conversations with insurance adjusters and start guessing at the facts of the accident; how fast they were going, how many seconds between the time they saw the other vehicle and the crash, how long the light was green, etc. Well-intentioned folks can get in trouble fast by guessing facts, even when they think they are doing the right thing.

The reporting and valuing of injuries is not embellished:

We don’t hand out neck braces at the door. Instead, we carefully convey our clients’ injuries to the insurance company. But we are careful not to jump to conclusions regarding their prognosis, especially since some injuries take more time to develop. In conversations with insurance adjusters, we rely on doctor reports and recommendations and keep a careful watch on our clients’ treatment, every step of the way.

During the course of an insurance claim, we make sure the at-fault insurance company is kept up to date on our client’s treatment status, so that they are properly valuing the claim. When it comes time to settle, we don’t blow smoke. Instead, our numbers are based on a quantum study, taking into account a database of other cases and our nearly 2 decades of experience.

We make sure medical bills are accounted for and accurate:

At Flattmann Law, we have a system of tracking each of our client’s medical bills, from the urgent care or ER to each and every physical therapy session they attend. We use information from their medical providers and health insurer to know exactly where every penny is applied. Once it is time to resolve their case, there is no guess work involved in calculating medical damages. If we are estimating future medical care, we often use an expert life care planner.

Have You Been Injured In A Wreck And Want To Know More?

At Flattmann Law, we share your values in doing things the right way. If you were injured in a wreck and want to know more 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 are not surprised when a client tells us that the other driver did not receive a ticket for causing an accident, even when they were obviously at fault. I’d estimate that around 50% of the time, tickets are not issued following car wrecks. So, how does that impact your car wreck claim?

Your Claim is NOT Based on Whether the Other Driver was Ticketed:

The other driver does not have to receive a ticket or citation for you to be able to file and pursue an auto insurance claim with their insurance company. While the insurance adjuster may ask if anyone received a ticket, that fact will not, in and of itself, determine whether the insurance company accepts responsibility. Instead, to decide on liability, the adjuster will also consider how the accident happened according to the police report, dash cam footage, witness statements, and other available evidence.

In short, the insurance company can still choose to accept responsibility/liability for a car wreck, even if their driver did not receive a ticket for the wreck. 

Have You Been Injured In A Wreck Caused By Another Driver?

If you were injured in a wreck caused by 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.

At Flattmann Law, we have handled numerous car wreck claims arising from intersection crashes. We’ve seen it all, ranging from T-bone collisions to rear-end accidents, to pedestrians being hit in crosswalks. Here is one big tip that can help decrease your chances of getting in an accident.

Why more crashes occur at intersections:

More traffic activity involving vehicles exiting and entering a roadway combined with traffic moving in multiple directions equals the higher potential for accidents. Add to this mix the inattentiveness and distraction of drivers these days and you have a recipe for disaster.

Remember that driver you had to honk at yesterday because they were on their phone instead of paying attention to the light when it turned green?  Imagine that same driver waiting at the intersection you are about to cross. Does that change the way you look at it? Would you do anything different at the intersection to help avoid an accident?

How to avoid intersection crashes:

Here are a few tips you can keep in mind to help avoid intersection accidents:

1. Don’t change lanes in the intersection: Everyone is in a hurry and the guy waiting at the light you are approaching is no different. He is eagerly waiting for his next opportunity to turn onto your roadway. If you are in the left lane, he may think that the right lane is clear and make a right on red. If you change lanes right before the intersection or in the intersection, you risk hitting him. (Also, you can be ticketed for changing lanes in an intersection because the lane is not marked for passing and doing so can be deemed “unsafe.”)   
2. Pay attention to waiting vehicles that may enter the roadway: As you approach an intersection, make a quick note of any vehicles waiting to cross or enter your roadway. Does anyone seem to be inching up? Is anyone on their phone instead of paying attention? Paying attention to other motorists in an intersection can help you anticipate their movement and avoid accidents.
3. Don’t try to outrun the traffic light: Running red lights is one of the leading causes of intersection crashes. You may be in a hurry, but avoiding the red light is not worth chancing a dangerous accident. Remember, yellow lights are only a few seconds long and indicate that you should be coming to a stop (not speeding up)!

Have You Been Injured In An Intersection Crash And Want To Discuss Your Case?

If you were hurt in an intersection crash and want to discuss your case with an experienced and local car wreck attorney, 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.

We’ve all seen the TV ads and billboards: Big-name lawyers advertise all the time for people who have been involved in wrecks with “company vehicles,” or “big trucks.” But why be so specific? In a nutshell, personal injury attorneys who advertise for “company vehicle” cases are hedging their bets that wrecks involving company vehicles will mean more available insurance coverage and bigger injuries.

Commercial Insurance versus Personal Auto Insurance:

Companies usually carry commercial liability insurance, especially if they operate a fleet of vehicles. Typically, commercial insurance policies provide higher limits of liability coverage for the company and their employees, usually around $1 Million. Additionally, companies may also have excess (or umbrella) coverage on top of their liability limits.

In contrast, Louisiana requires private individuals to have personal liability limits of only $15,000 per person, up to $30,000 per accident (15/30). That’s not much! 

The bottom line is that there is a much greater chance that a company vehicle or big truck will have higher insurance coverage limits than a non-company vehicle.  

The Bigger the Vehicle, the Bigger the Injury?:

Big TV lawyers also know that wrecks with bigger vehicles often (but not always) result in more serious injuries due to a few factors.

First, and most obvious, most commercial vehicles are usually bigger than regular vehicles, especially delivery vehicles and tractor-trailers. For example, a UPS delivery truck weighs about 16,000-24,000 lbs., depending upon cargo. In contrast, the average midsize car weighs only 3,300 lbs. That’s a huge difference when talking about impact potential during a crash.

Second, bigger commercial vehicles are commonly used more on highways and interstates instead of on city streets and neighborhoods. Combine higher rates of speed with heavier vehicles and the result is the potential for more devastating wrecks.  

Have You Been Injured In An Accident And Have Questions About The Ins And Outs After A Car Wreck?

At Flattmann Law, we know that our clients don’t get to choose who they get in a wreck with, and certainly would avoid the wreck altogether if they could. We help people in all situations, whether a big-rig caused their accident or they were rear-ended by a Tesla.If you have been injured and have questions about the ins and outs  after 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.

Rental Coverage is Optional, but Important:

In Louisiana, having rental coverage is not a requirement for auto insurance. However, it can be very important in the event of an accident and we encourage you to have it.

Doesn’t the Other Driver’s Insurance Cover My Rental?:

If the other person caused the accident, shouldn’t their insurance cover your rental?  Technically, yes, but relying on the at-fault driver’s insurance to get you a rental vehicle may take a while (a week or more sometimes).  That’s because the at-fault insurance company has “built-in” ways of delaying your rental request. Here are a few examples:

• We are waiting on the police report in order to establish and accept liability.
• We haven’t been able to talk with their insured about the wreck.
• We need your insurance information in order to confirm “no pay no play.”
• We are waiting on our adjuster to see your car to confirm that it isn’t drivable.

In a nutshell, even though the at-fault driver’s insurance is technically responsible for a rental, you may be waiting a while for the reservation!

How do I Get a Rental Through My Own Insurance?:

If you have rental coverage, the first thing you want to do is let your insurance company know about the accident. Some people are hesitant to do this because they fear that their rates may go up or the insurance company may drop them. But remember, in Louisiana an insurance company cannot drop you or raise your rates due to a “non-fault” accident (an accident that is not your fault). Second, rental coverage is something you pay EXTRA for and are not legally required to have. This is exactly what it is for!

After filing a claim, tell your insurance company that you would like to use your rental coverage. Depending on the insurance company, they will either set up a rental reservation for you or explain how they will reimburse you up to a certain amount per day for the rental. Also, be sure to ask them how long the rental will last.

Typically, if you have rental coverage, you will also have “collision” coverage, also something you pay extra for. As discussed in some of our other articles, collision coverage covers your vehicle damage regardless of who is at fault for an accident. Like rental, it is usually easier to go through your own collision coverage for vehicle repairs rather than waiting on the other person’s insurance company.

Is the At-Fault Driver’s Insurance Ultimately Responsible for Rental Costs?:

Yes, the at-fault driver’s insurance will be responsible for reimbursing your insurance company for any money they paid on your behalf for rental costs. The good news is that your insurance company will take care of getting reimbursed, so you don’t have to worry about it. If your insurance paid you for your car damage (through your collision coverage), your insurance company will also seek reimbursement directly from the at-fault insurer, and will also try to get your deductible from them on your behalf.

Have You Been Injured In An Accident And Have Questions About The Ins And Outs Of Insurance After A Car Wreck?

If you have been injured and have questions about the ins and outs of insurance after 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.

 

After you report a wreck to the insurance company, they will assign a single claim number that you will use to reference for the entire time your claim is open. But did you know that you actually have 2 separate claims and that the insurance company has different rules for handling them?

Property damage versus personal injury claims:

In a minor to moderate car accident case, most people’s immediate concern is the damage to their vehicle and how they will manage to get around without a car. These items (damage to your vehicle and alternate transportation/rental) are considered part of your Property Damage claim.

A property damage claim is separate from your personal injury claim. If you were injured or even if you just got checked out at the emergency room or urgent care, you have a personal injury claim. These claims include medical bills, lost wages, and “general damages,” which include things like pain and suffering and inconvenience.

These two claims are treated differently:

The rules for dealing with property damage claims are different than personal injury claims. In Louisiana, the insurance company has a certain amount of time to adjust and pay a property damage claim. (Side note:  check out our video about “adequate proof of loss” for property damage claims).

In contrast, the insurance company does not have any legal time limit for adjusting or paying for your personal injury claim. Yep, even that ER bill you sent them…don’t hold your breath. BUT, in Louisiana we (the accident victims) have a deadline of one year following the date of the accident within which to resolve our personal injury claim or file suit in order to preserve it.

What To Find Out More About The Claims You Have Following A Wreck?

If you have been injured in a car accident and want to find out more about the claims you have following a 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.