on the blog

A car accident can instantly and drastically change your best-laid plans. At that moment, your life and priorities change. From the moment the accident occurs, though, it can feel overwhelming to deal with the fall-out when talking to the police, insurance companies, your healthcare team, and more. A car accident lawyer can bring order to the chaos. Choosing when or if to contact an attorney isn't always clear-cut, but this post gives some general guidance.

Overall, though, if you were recently involved in an accident, our team of New Orleans car accident lawyers at Huber Thomas & Marcelle are always here to help. We offer free consultations so you can protect yourself from the day of the accident and beyond. We'll realistically explain your next best steps, whether that's representation or taking on the case yourself. Contact us for more information or keep reading to learn more.

What should I do immediately after a car accident?

The minutes, hours, and days after an accident can be a whirlwind. Your first priority is you and your loved one's safety. Get immediate medical attention if any one has been injured in any way—even if that injury seems small. After the stress and adrenaline of an accident wears away, what appears to be small injuries can become much more serious. Because of this, it's best to have a doctor check it out.

If you feel safe to do so, gather some basic evidence from the site of the accident. Take photos of the accident site, any property damage to cars, and any skid marks on the road or roadside. Ask for information from the other drivers involved, including name, phone number, license plate, and insurance information.

We cover more information about this in a recent post on the personal injury claims process. However, there are two additional things you should know after an accident.

Postpone talking to the other party's insurance company

An insurance company begins work right after an accident. They know it's in their best interest to talk to you as soon as possible. This is when you're at your most vulnerable. You likely don't understand the full scope of your injuries or property damage. You're exhausted from the accident.

When the other insurance company calls, you are not required to talk to them.

If they contact you, they will likely ask for a recounting of the accident. In your post-accident state, you may neglect to provide details that could be important to your case later on or answer a question in a way that frames you negatively if the matter does go to litigation. They may also ask leading questions that you're not equipped to answer.

The other insurance company will probably offer a small amount of money to settle your claim, too. Unfortunately, after an accident, you simply won't know the full extent of your injuries or property damage. This settlement will generally only cover the most basic repairs or medical costs. This settlement offer also includes a release that will make it impossible to bring a later claim against them.

For these reasons, it's best only to talk to an attorney, your own insurance company, your medical team, and the police after an accident.

Be aware of Louisiana car accident laws

Louisiana has multiple laws governing car accident matters. According to Louisiana Revised Statutes §32-398, you should immediately report any accident that results in injury or death to a person and results in more than $500 in property damage. When you call the police after an accident, they'll write up this report and guide you through any other steps.

If you can, you should also clearly document any evidence and gather witness testimony to better and more clearly define who was at fault during an accident. Louisiana is a "comparative fault" state according to Civil Code Article 2323. If you are awarded damages after litigation for a car accident, they'll be reduced by your level of fault in the crash.

What does this mean? Let's say you have damages equaling $200,000. If it's determined that you were 25% at fault for the accident, the total of your damages ($200,000) is reduced by your amount of fault in the accident (25%). This leaves you instead with $150,000 in awarded damages. That being said, even if you were partly at fault, you can still be entitled to compensation after an accident.

How do I know if I need a lawyer after a car accident?

After you've received medical attention and documented the accident as much as possible, it's time to think about asking a car accident lawyer for help.

To start, most attorneys offer free consultations. Highly-respected attorneys with good online reviews will be honest about your case. They'll explain if a case is worth representing or if you're better handling a small accident claim through the insurance process.

However, always contact a lawyer as soon as possible if any of the following occurs:

  • You or a passenger were injured in the accident
  • Anyone in the accident was severely injured or killed
  • There's significant and costly property damage

When an accident leads to significant damages, it means there will be higher claims for medical costs and repairs. Ensuring you receive compensation to cover these from the insurance company will be difficult. It's best undertaken with the help of an attorney who knows the process. They'll start work immediately, gathering evidence and guiding you on the best way forward.

There are other times when you should contact a lawyer after a car accident. If you ever feel overwhelmed or in over your head, ask for help. If any professionals in the matter—your insurance company, the other insurance company, healthcare providers, or the police—aren't dealing fairly, it's time to get support.

An attorney's job is to guide you through the complex legal process. They're experts in what they do, and having a great lawyer by your side can mean the difference between a settlement that barely covers your medical costs and one that helps you recover financially and personally from an accident. An attorney also deals directly with insurance companies on your behalf and takes over your case so you can return back to your life after an accident.

How to find a lawyer after a car accident in New Orleans

If you've been in an accident, it is important to talk to an attorney as quickly as possible.

Look for legal teams that have good reviews online, either through a site like Avvo or Google. Previous clients should note that the attorneys were transparent and helpful throughout the whole process. Especially look for lawyers who are known for being present and ready to answer their client's questions with minimal follow-up time.

Most attorneys will provide free consultations and will take your case on contingency. You won't pay anything upfront unless the attorney helps you win your case or reaches a fair settlement.

Learn more about Huber Thomas & Marcelle

After a car accident, you need the best New Orleans car accident lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person. Our team will walk you through every step of the process, empowering you to recover after a traumatic event.

Our team is proud to say that we've recovered millions of dollars for our clients in settlements and in trial verdicts. We know how to bring a case against large insurance companies or make sure they offer a settlement that's fair and equitable for you.

If you've been in a car accident and want to learn if legal representation is right for you, contact us today for a free consultation. We're here to help.

If you've recently been in an accident, here's what you should know about the personal injury claims process, from immediately after the accident to hours, days, and weeks after. If you have more questions, our New Orleans personal injury attorneys at Huber Thomas & Marcelle are here to help you make sense of the process. Contact us today for more information.

1. Document the accident

What you do in the minutes or hours after a car accident can make a big difference when it comes to a personal injury claim.

To start, make sure you're safe. Check yourself and any passengers for any injuries. If necessary, call for immediate emergency care. However, even if you have no visible injuries, plan to visit your primary care doctor or an urgent care promptly within the day.

If you feel safe to do so, take pictures of:

  • The overall scene of the accident
  • The surrounding roadside or barriers
  • Any dangerous road conditions or inadequate signage
  • Both your car and any other involved cars, including close-up views of damage
  • The license plates of involved vehicles

Also write down the name, phone number, license plate number, and insurance information of other drivers involved. If there are witnesses nearby, ask for their name and phone number as well.

Once police arrive, thoroughly explain what happened and ask them to take photos before they move vehicles out of the way of traffic. If you have a dash cam, ensure that you're able to access video of the accident. Are there businesses close by? Ask if they have surveillance cameras pointed to the area that you can use, if needed.

While a lot will be going on at once, gathering this clear evidence at the scene of the accident can help your personal injury claims process if your case does eventually go to court.

2. Reach out for professional help

A car accident is a major event, one that you should always get professional help for. Reach out to a few important resources within hours after the accident.

Medical care

This is your first priority. As noted, even if you feel fine after the crash, get checked by a doctor. Don't shrug off symptoms like pain, tingling or numbness, or dizziness. Be honest with your doctor about all of your symptoms and the forces you experienced during the accident. They can test for signs of concussion or other injury.

Your doctor will also record any changes over time. Some injuries, like whiplash, can take up to 48 hours to appear. Talk to your doctor about all changes, and schedule follow-up appointments if your symptoms persist.

Your insurance company

File a claim with your auto insurance company as soon as you can. You pay for their help all year. Make the best use of any resources they offer, such as collision coverage or rental cars. Depending on the coverage you chose, they may cover all or a portion of any accident costs.

You'll likely also receive calls from the insurance company of the other driver. If their driver was at fault, the insurance company's goal is to have you settle for a small cash payment quickly. This isn't a good idea. In the hours and even days after an accident, you won't have a clear understanding of the amount of damage done, both bodily and to your property.

At this point of the personal injury claims process, it's time to talk to someone who does understand the common costs of an accident.

A personal injury attorney

While your insurance company is a valuable resource, sometimes you'll need additional legal help after an accident. Attorneys, like the team of New Orleans personal injury attorneys at Huber Thomas & Marcelle, understand the true costs of an accident.

The injuries that result after a car accident cost money. Beyond medical care, there may be rehabilitation costs, additional childcare, or lost income. A personal injury attorney reviews the facts of your case and projected costs, along with insurance coverage.

At Huber Thomas & Marcelle, we provide support after a life-changing event. We can manage contact with the other driver's insurance company, help coordinate your medical care, calculate a fair settlement, and more. Your initial consultation is completely free and, in many cases, you don't pay anything unless we win your case.

3. Determine a fair settlement

We make sure to get the full story for an automobile accident case. With police and medical reports, your photos, video footage, and witness observations, we reconstruct what happened before and during the accident. We also examine other contributing factors, like dangerous road conditions or manufacturer defects.

Once you have a better idea about any ongoing symptoms or pain, our team works with economic experts to calculate a fair settlement to compensate you for any damages. Then, we typically submit a demand letter on your behalf to the other insurance company.

This demand letter is a document that lays out our arguments about:

  • Who is at-fault for the accident based on our evidence
  • The extent of financial damage the accident caused: medically, to property, and in lost wages
  • Any additional damages you experienced, such as pain and suffering

At this point, the insurance company can agree to our demands and settle the case, negotiate for a lower settlement, or outright deny your claims.

Most insurance companies will negotiate. Our attorneys negotiate on your behalf to ensure you get a full and fair settlement. If the insurance company won't agree to a fair settlement, and you choose to pursue litigation, our team will file an official case against the insurance company or drivers at fault.

4. Prepare your case

We prepare every case as if it could go to court, even though most don't. Because of this, we're ready if you do decide to pursue litigation. At Huber Thomas & Marcelle, we know that when a car crash happens, your world changes. There are unforeseen costs and damages you never expected. We're ready to be your legal advocates so you can get the fair settlement you deserve.

Our legal team will enter the discovery phase once we file your case. Discovery typically includes:

  • Sending written questions to the other party for clarification or more information
  • Requesting documentation to support your case
  • Using state of the art technology to reconstruct the timeline of your accident
  • Scheduling formal interviews (called depositions) with other parties in the accident, like witnesses, your doctor, or police officers

During the discovery phase, we may also be actively working with the other party's insurance company to reach a settlement. This is often done with mediation. With mediation, an impartial third party (the mediator) guides the conversation between the two parties. The mediator doesn't make a final decision like a judge does in a court case. Instead, they help both parties reach a fair settlement together.

5. Take your case to court

The end of the personal injury claims process is with a trial in front of a judge. The vast majority of cases never make it to this point, though. Sometimes insurance companies will even settle the night before or immediately prior to a court case to avoid presenting the case before a judge.

If your case does go to trial, we'll present the evidence and make our arguments for the judge. This can be a complicated and long process, with multiple testimonies and hours in court. Nobody wants to go to trial after a car accident, but if you don't receive the fair compensation you deserve to cover medical and other costs, doing so can save your family's financial health.

At Huber Thomas & Marcelle, we're proud to say that we've recovered millions of dollars for our clients, in hundreds of cases. After a car accident, you need the best New Orleans personal injury lawyers on your side. We're dedicated to providing legal assistance that makes sense, for every person and every matter.

If you've been in a car accident and want to discuss the details of your case, we're here to help. Contact us today for more information.

Car insurance rates charged by Louisiana's largest auto insurers have been on a double-digit run, mirroring a national trend the industry says is fueled by more accidents and a spike in claims costs.

"We're seeing it play out all across the nation. It is universally attributed to a combination of distracted driving, cellphone use while driving, and more miles, cheap gas," Insurance Commissioner Jim Donelon said.

car insurance rates risingCar insurance rates were virtually flat over a five-year period, increasing about 1 percent annually, Donelon said — until about five years ago. Louisiana's auto insurance rates since then have been rising at a faster clip, with the largest jump, an 8 percent average, taking place in 2016.

It's too early to say how much rates will rise in 2017, Donelon said, but the trend could level off soon.
More recently, State Farm, Louisiana's largest insurer with more than 1.1 million policyholders, raised car insurance rates an average of 13.5 percent on Jan. 30. A year earlier, the company raised rates an average of 8 percent.

Progressive Security increased rates 4.1 percent in early 2016 and 9.4 percent late in the year. Allstate increased rates an average of 9.5 percent in 2016. Geico Casualty plans to increase car insurance rates by 16 percent this year. Louisiana Farm Bureau is raising rates by 14.2 percent, but the company's filing with the state Insurance Department says a 19.4 percent increase is justified.

Those companies write the bulk of the state's auto insurance, and their recent filings did not include the impact of the August flood that destroyed tens of thousands of cars. Future rate filings may.

"Auto insurers look at past catastrophic events to determine what their expected future comprehensive losses may be," Deputy Insurance Commissioner Ileana Ledet said. "So down the road we may see insurers raising the comprehensive portion of their rates a bit to anticipate a future catastrophic flood of the extreme magnitude we saw in August."

Insurance industry members and consumer advocates say a number of factors lie behind the recent rate increases.

The Great Recession that wiped out tens of thousands of jobs nationwide meant fewer people driving. As the economy recovered and gasoline prices fell, more drivers hit the road, mainly for work. They got into more wrecks — crashes that cost more to repair in part because of the expensive technology built into vehicles.

In 2015, the number of miles driven in the United States rose 3.5 percent, the biggest increase in more than 20 years. The number of accidents rose nearly 4 percent, according to the National Highway Traffic Safety Administration. From 2011 to 2015, the latest year available, the number of accidents jumped nearly 18 percent.

In Louisiana, while the number of miles driven dipped slightly from 2014 to 2015, the number of accidents jumped more than 7 percent, according to a report from LSU's Highway Safety Research Group. From 2011 to 2015, the number of crashes rose by 12.4 percent.

Over that same period, Louisiana's auto insurers have seen claims costs increase from 67.4 percent of the $2.0 billion in premiums collected in 2011 to 76.7 percent of $2.3 billion collected in 2015, according to Insurance Department records. State Farm lost $84 million on its auto business in 2015.

Robert Hunter, director of insurance for the Consumer Federation of America, said lower gasoline prices, coupled with more optimism about the economy, led to more driving. The increase in driving explains most of the increase in losses.

Meanwhile, claims costs, which include medical care and auto repair costs, jumped 13 percent over the two years ending in March 2016, according to the Insurance Information Institute, an industry-funded group. That's 10 times the rate of inflation.

Increases in income have given consumers the means to buy newer cars, said Loretta Worters, a spokeswoman for the institute. While many of these cars have all types of safety features that might help prevent accidents, those cameras and sensors are also much more expensive to fix or replace when damaged.

"The problem is all these cars nowadays, they have so many bells and whistles on them. I've seen side view mirrors get knocked off and cost a thousand dollars," said Jerome Wiley, general manager of Gordon & Sandifer Auto Service Inc. in Baton Rouge.

Take into account: Cameras in each mirror to eliminate blind spots. Touchscreen displays with warning indicators for each angle. Front collision warning systems, basically a radar mounted at the front of the vehicle. Multi-airbag systems. Seatbelts that automatically tighten and lock in accidents. All of it costs money, Wiley said.

Even simpler repair components, like paint, cost more as manufacturers comply with federal regulations designed to limit potentially harmful emissions, he said.

Add in the impact of distracted driving, and it's not hard to see why car insurance rates are rising. The National Highway Traffic Safety Administration said distractions account each year for 18 percent of crashes with injuries, 15 percent of property damage-only accidents and about 10 percent of traffic fatalities.

Distracted driving accounts for about 20 percent of Louisiana's fatal crashes, although the NHTSA says state numbers "are not necessarily representative of actual occurrences, but maybe more indicative of reporting issues." Fatal crashes account for less than 0.5 percent of Louisiana's traffic accidents.

Distracted driving includes smartphone activities such as texting and talking, watching videos, reading, eating, drinking and adjusting the sound system.

Wiley said smartphone usage has overwhelmed the accident-prevention technology on new cars and trucks.

"I'd say over half of the wrecks we see people bringing in — they won't admit to it — is from distracted driving. And distracted is usually their phone," Wiley said.

State Farm spokesman Kip Diggs said distracted driving, whatever the cause, has always been worrisome.

"However, our concern has grown, as it has likely become a greater loss exposure. Increased phone usage, enhanced technology and various other distractions now accessible or available in vehicles are all contributing factors," Diggs said.

Like a lot of other motorists, Donelon said he has been forced to sit through red lights twice because the driver in front of him is too busy with a smartphone to notice the signal changed.

As if all that weren't enough, insurers also have seen the return on their investments — companies invest premiums while waiting to pay claims and expenses — drop along with interest rates. The return on insurers' portfolios was 4.5 percent in 2007, according to an October 2016 report from the Insurance Information Institute. It was 3.2 percent in 2015.

However, Donelon said there's reason to think the big increases may be over.

During a Jan. 29 conference call, Allstate President Matthew Winter told stock analysts and investors that "the spike is over" and rates have stabilized at a new norm. However, the new norm includes more accidents due to an improving economy and more cars on the road, and the greater use of smartphones and distracted driving.

Original story by Ted Griggs of the Advocate, posted on March 12, 2017.

If you’d like to discuss the details of your case with a personal injury lawyer, please contact us to set up a consultation.