If your vehicle recently sustained damage or you suffered an injury as a result of an auto accident, you are likely preparing to file a claim with your insurance company in an effort to get your vehicle repaired and your medical bills covered. While this is the general process most people follow after being involved in an auto accident, there are a few things you need to consider before submitting your claim through your own insurance company.
- Who is at fault? Fault plays a major role when it comes to auto accident claims. The reason being is that depending on who is at fault will help determine whose insurance company you should file your claim with. For instance, if you were responsible for causing the accident and you are now wanting to get your vehicle repaired, you can file a claim under your collision policy. The Louisiana Department of Insurance says that you can collect under your own collision coverage regardless of who was at fault. Now, let’s say you weren’t at fault, but another driver was. In this case, you could file a claim under their liability policy with the intention of their insurer covering the damage their policyholder has caused.
What happens if both the other driver and I are responsible for causing the accident? If this is the case, then you may want to file your claim through your insurance company and the other driver’s. An insurance agent will work to determine what percentage of the accident you were responsible for and you may receive coverage from one or both of the insurance policies.
- Does the other driver have insurance? If you were involved in an accident in Monroe, LA with a driver that is not properly insured, you may still be able to receive reimbursement for your damage and/or injury if you elected to purchase uninsured/underinsured motorist coverage. While it is not required by law as a motorist can reject purchasing this insurance, it can be rather beneficial in situations such as this one [Source: Geico]. The fact is, an uninsured/underinsured policy is there to help you in the event you ever engage in an accident with another driver who has neglected to purchase insurance of their own. The Louisiana Department of Insurance states that a $250 deductible applies when filing a claim for property damage under your uninsured/underinsured policy and “your recovery is limited to $25,000 or the actual cash value of the vehicle, whichever is less.”
- What if I was the only one involved in the accident and the damage in minor? Another thing you should consider before filing an insurance claim is how much the damage is worth. If a mechanic estimated it to be about the same amount as you would be required to pay to satisfy your deductible, you might reconsider filing a claim as it could increase your insurance rates and just getting the repairs done on your own.
Now, if you are still unsure as to whether you should be filing a claim with your own insurance company or that of the other party that was involved in the accident, you can always contact one of our Monroe, LA car accident lawyers who can help you determine this. In fact, we may be able to assess the details of your accident and help you recover more than what you estimated the damage to be worth. So, to be sure you are getting what you deserve and that you file your claim with the correct insurer, contact Campbell, House & Cummins, Attorneys at Law to schedule a consultation.
To get in contact with Campbell, House & Cummins, Attorneys at Law, visit or call us at:
1815 Roselawn Avenue
Monroe, LA 71201