What to do after a wreck in Baton Rouge

The hours after a collision are the ones that decide most cases. Call police and get a report number, even for a low-speed hit. Photograph both vehicles, the position they came to rest in, the intersection, and any skid marks. Get the other driver’s insurance card in a photo, not a scribbled note. And get checked out the same day — the single most common thing an adjuster uses against an injured person is a gap between the crash date and the first medical visit.

How Louisiana decides who pays

Louisiana is a comparative fault state. A jury or adjuster assigns a percentage of fault to everyone involved, and your recovery is reduced by your share. Being partly at fault does not end your claim — it changes the math. That is why the fault argument is worth fighting over even when liability looks obvious.

Louisiana also lets an injured person sue the at-fault driver’s insurance company directly under the Direct Action Statute, which is unusual and matters for how a case gets positioned.

How long you have to file

For accidents occurring on or after July 1, 2024, Louisiana gives you two years from the date of injury to file suit under Civil Code article 3493.1. For accidents before that date, the old one-year period applies. Miss it and the claim is gone regardless of how strong it was. If you are unsure which applies to your wreck, that is a five-minute phone call worth making.

What your claim can include

• Medical bills already incurred, and the cost of care you will still need
• Lost wages, and lost earning capacity if you cannot go back to the same work
• Property damage, diminished value, and a rental while yours is down
• Pain, suffering, and loss of enjoyment of life

Uninsured and underinsured motorist coverage

Louisiana has one of the highest uninsured-driver rates in the country, and minimum liability limits here are low. If the at-fault driver has $15,000 in coverage and your medical bills run past that, your own UM/UIM coverage is often what actually pays. Many people do not know they carry it. Pull your declarations page before you accept any offer — and before you give a recorded statement.

Before you give a recorded statement

The other driver’s adjuster will call quickly and will sound helpful. That call is being recorded and is being used to lock in your version of events and your description of your injuries before you know the extent of either. You are not required to give it. Call our office first.