Louisiana it is a fault-based state, and the insurer of the other party involved in an accident, who is typically the at-fault party, will often contact someone injured in a crash to establish communication and resolve property damage. They also want to learn the facts of the accident from the injured person’s point of view.
While they may call you in the following days, it is also not unheard of for adjusters to call an injured party less than an hour after the crash. What should you do in this situation? The very least you should do is contact our car accident attorneys so we can take over and guide you in the right direction.
The injured party needs to realize that while an insurance company performs services for its insured, the claims adjusters are well-trained in automobile negligence law, insurance law, and injury law. When an injured driver provides a recorded statement, they need to understand that the adjuster is only trying to save money for their company.
They will ask the injured party some questions that may put them at fault, such as, “Did you stop suddenly?” Our recommendation is that the injured party refrain from answering any questions and instead ask who the company is representing and insuring. If they are representing the insurer of the adverse party, there is no requirement under law that they give a recorded statement to the insurance carrier.
If we handle the case on your behalf, we can direct all communications on your behalf. If you give a statement, you would not want to admit anything that would put you at fault if you wanted to make a claim for damages.
Under the law, if you do give a recorded statement and later hire a lawyer, we can obtain that statement. We have seen this many times where individuals give a statement to an insurance company trying to resolve the case, and sure enough, the statement shows the company trying to twist things around in questions about liability, damages, fault.
For example, we have seen insurance companies contact the injured party within 15 to 20 minutes of the crash. It is not unheard of for a person to say they were unhurt in the immediate aftermath of a crash, but then they experience the onset of pain an hour later. Their immediate recorded statement can be used against them if they try to make a claim.
If your own insurance carrier calls you, then you will want to cooperate fully. But under Louisiana law, there is no requirement to give a recorded statement to the insurer of the adverse party, and so you should exercise caution. Please call our personal injury attorneys so we can keep you on the right path and fight hard for compensation that you deserve.
