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Caffery, Oubre, Campbell & Garrison, L.L.P.
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What do insurance companies consider when determining fault?

You have probably heard it said that there are two sides to every story. In some cases, the sides relayed might be incredibly different, especially after an accident.

Sometimes it is difficult for a driver to accept responsibility. And many times when insurance claims are involved, there is an investigation related to liability. But who is at fault in Louisiana?

Louisiana is a “fault state” for motor vehicle accidents

States establish their own laws regarding the determination of fault in a car accident. In Louisiana, if you are determined to have been at fault for causing an accident, you may be responsible for any injuries, damage to vehicles and lost wages resulting from your negligence.

While insurance companies handle accident claims, they investigate to determine fault before settling. Their considerations might include:

  • Fault admitted at the scene of the accident – Sometimes a driver may admit fault to another person involved in an incident, or to the police responding to it. But if just the facts are explained during the initial exchange of information, the insurer and authorities will objectively determine fault.
  • Gathered evidence – Drivers may be wise to take photos of the accident scene, including the damage caused. This could help your insurer make a case and may support your claim.
  • Information in the police report – In their fault determination process, an insurer may use information about who was cited by law enforcement officers after the accident.

As you try to reach a favorable outcome after an accident, you might be wise to help your adjuster investigate your claim. Doing so might help you reach a favorable outcome.

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