Posted in Car Insurance Claims on August 5, 2023
In 2021, the Louisiana Department of Transportation and Development reported 914 highway vehicle crashes, which set a record for the state and had a significant impact on the number of insurance claims for personal injury and property damage.
Louisiana operates under a tort system for auto insurance, unlike some states with no-fault laws. In the tort system, the driver responsible for causing a car accident is also responsible for all the damages resulting from the accident. This means the at-fault driver’s insurance company generally pays for the other party’s medical bills, car repairs, and other losses. However, understanding the nuances of this system requires an examination of the details. Louisiana’s auto insurance laws include a Direct Action statute, allowing victims to sue an at-fault driver’s insurance company directly. These complexities contribute to a distinctive auto insurance situation for drivers in Louisiana.
In states where no-fault insurance applies, car accident claims work differently than they do in tort states like Louisiana. In a no-fault system, drivers submit claims to their own insurance company for injuries and damages, regardless of who caused the accident. This system tends to streamline the process, as drivers aren’t required to determine fault before receiving benefits. However, the ability to sue for pain and suffering is generally limited. In contrast, in a tort state, the driver responsible for the accident, and their insurance company, is liable for the damages. The injured party can file a claim against the at-fault driver’s insurer and can also sue for pain and suffering, leading to potentially higher compensation but a potentially more complicated claims process.
In no-fault states, PIP coverage provides benefits to drivers for medical expenses, lost wages, and other non-medical costs, regardless of who caused the accident. However, in Louisiana’s tort system, the at-fault driver’s insurance generally covers these expenses. While some Louisiana drivers might opt for MedPay, a voluntary medical payments coverage, it differs from PIP. MedPay only covers reasonable medical and funeral expenses, without the broader range of benefits provided under PIP. Therefore, the role of PIP in Louisiana’s auto insurance system is less prominent than in no-fault states.
While the no-fault insurance system aims to simplify the process of settling claims, there are exceptions where fault determination remains relevant. These instances usually involve severe accidents. In no-fault states, if a person’s injuries reach a certain severity threshold or their medical expenses exceed a predetermined limit, and may step outside the no-fault system. Individuals can then file a liability claim or lawsuit against the at-fault driver for their full range of losses, including pain and suffering, which isn’t typically covered under a no-fault claim. In contrast, Louisiana, as a tort state, operates primarily on fault determination, where the at-fault driver’s insurer is responsible for damages, and there’s no restriction on lawsuits for pain and suffering.
In a no-fault insurance system, the immediate financial impact of an auto accident tends to be less stressful. Regardless of who is responsible for the accident, each driver’s insurance company pays for their own policyholder’s medical expenses up to the policy’s limit. This is often achieved through Personal Injury Protection (PIP), which covers medical expenses and may also cover lost wages and other damages. Speedy reimbursement of medical expenses allows accident victims to receive necessary treatment without worrying about upfront costs. However, in Louisiana’s tort system, the at-fault driver’s insurance company is responsible for the injured party’s medical expenses. This process can sometimes result in delays for the injured party while fault is determined.
One significant difference between no-fault insurance states and tort states like Louisiana is the freedom to pursue lawsuits following a car accident. In no-fault states, drivers are generally prevented from suing other drivers for damages unless severe injuries are involved. The goal is to reduce the number of costly and time-consuming court cases. In Louisiana, however, a tort state, the ability to file a lawsuit against the at-fault driver is not restricted. Once fault is established, the injured party can sue for medical expenses, property damage, lost wages, and pain and suffering. Moreover, Louisiana’s unique Direct Action statute enables accident victims to sue the at-fault driver’s insurance company directly, providing another avenue for seeking compensation.
Consider this scenario: Driver A, a Louisiana resident, and Driver B, visiting from a no-fault state, are involved in a car accident in New Orleans. Driver B fails to stop at a red light and hits Driver A’s car.
In a no-fault state, both Driver A and Driver B would turn to their own insurance policies for compensation for medical expenses and vehicle damage, regardless of who caused the accident. Driver B’s failure to stop would largely be irrelevant to the initial insurance claim.
However, in Louisiana, the tort system applies. Here, the driver who caused the accident, Driver B in this case, and their insurance company are responsible for the damages incurred by Driver A. This means Driver A can file a claim against Driver B’s insurance for medical expenses, car repairs, and other losses such as lost wages or pain and suffering. The determination of fault, therefore, significantly affects the outcome of the insurance claim.
While Louisiana doesn’t operate under a no-fault insurance system, understanding the potential impacts on out-of-state drivers is beneficial. If an out-of-state driver, from a no-fault state, gets into an accident in Louisiana, the local tort laws apply. This means the driver who caused the accident is liable for the damages. Regardless of the driver’s own no-fault insurance, or their insurer might be required to pay for the other party’s damages if found at fault. Likewise, if a Louisiana driver has an accident in a no-fault state, their insurance company may have to pay for their own damages, despite Louisiana’s tort system. This highlights the importance of understanding how different auto insurance systems interact when crossing state lines.
If you have suffered a an injury in a car accident, contact us or call (504) 500-5000 today for a free consultation.