Disclaimer: This article does not constitute legal advice. It provides general information under Louisiana law and may not apply to your specific situation. Consult a qualified attorney for guidance.
Detailed Answer
1. Understand Separate Coverage and Claim Types
Under Louisiana law, property damage and bodily injury qualify as distinct claims. Insurers categorize them separately. Louisiana Revised Statutes require motorists to carry at least $15,000 in bodily injury and $25,000 in property damage liability coverage. (La. R.S. 22:1296: legis.la.gov.)
2. Collect and Preserve Evidence
Gather all documentation showing vehicle damage. This includes:
- Photographs of the damage from multiple angles.
- Repair estimates or invoices from licensed mechanics.
- Police or accident reports describing the collision and at-fault party.
3. Notify the Insurer Promptly
Louisiana law obliges you to inform your insurer and the at-fault driver’s insurer about damage claims without unreasonable delay. Provide complete details of the accident, attach estimates, and keep written confirmation of your notice.
4. Submit a Written Demand and Estimate
Send a formal demand letter to the at-fault party’s insurer. Include:
- A clear statement of facts and liability.
- Itemized repair costs or total loss valuation.
- A deadline (usually 30 days) to accept or reject the demand.
Use certified mail or an equivalent method to establish proof of delivery.
5. File a Lawsuit if Necessary
If the insurer denies your demand or offers an inadequate sum, consider legal action. In Louisiana, delictual actions for property damage prescribe in one year from the date of loss. (La. C.C. Art. 3492: legis.la.gov.) File suit in the proper parish court. Keep all claim and suit deadlines in mind to avoid losing your right to recover.
Helpful Hints
- Document every interaction with insurers—note dates, times, and representatives’ names.
- Retain copies of all estimates, receipts, and correspondence.
- Ask for a rental car reimbursement if your policy or the at-fault insurer covers it.
- Get a written proof-of-loss statement from the insurer when they acknowledge your claim.
- Consider using small claims court for damage under the local limit (often $5,000).
- Talk with an attorney before the one-year prescription period expires.