BACK
It doesn’t always take a major mistake to weaken a car accident claim. Sometimes it’s waiting too long to see a doctor, saying the wrong thing to an insurance adjuster, or missing an important deadline. Small decisions made in the days after a crash can have a real impact on your case.
Insurance companies look closely for anything they can use to question your injuries, shift fault, or reduce what they pay. Knowing what to avoid can help protect both your claim and your recovery.
This guide covers some of the most common mistakes people make after a New Orleans car accident and how to avoid them.
Key Takeaways
- Call the police and get a crash report whenever required. It can become important evidence later.
- Get medical care as soon as possible and follow your treatment plan to document your injuries.
- Avoid admitting fault at the scene. Under Louisiana’s current law, fault can directly affect what you recover.
- Driving without insurance can limit your right to recover compensation under the No Pay, No Play law.
- Know your filing deadline and do not rush into signing a settlement before you understand the full value of your claim.
Why Small Mistakes Cost Real Money
The value of your claim is not a fixed number. It moves with the evidence, your share of blame, and the coverage available to pay it.
That is why a quiet mistake matters. When you weaken the record or hand over your share of fault, you lower the ceiling on what a fair settlement can be.
The cheapest evidence you will ever collect is the evidence you gather in the first hour after a crash. Almost every mistake below is a version of skipping that step.
New Orleans closes that window fast, from Mardi Gras congestion to tourist drivers who leave the state within days. Working with a New Orleans auto accident lawyer early is often how it stays open.
The Mistakes That Hurt Your Claim
Even small mistakes after a crash can make it harder to recover compensation. Some of the most common include:
- Not calling the police or getting a crash report. Under Louisiana’s crash-reporting law, a driver in a crash with injury, death, or property damage over $500 must immediately notify police, and the report becomes the neutral record of what happened.
- Waiting to get medical treatment. Delays can make it harder to connect your injuries to the accident.
- Giving a recorded statement to the other driver’s insurance company. What you say may be used to challenge your claim.
- Admitting fault at the scene. Even a casual apology can be taken out of context later.
- Posting about the accident on social media. Photos, comments, and check-ins may be used to question your injuries.
- Accepting the first settlement offer. Early offers often do not account for future medical care or other losses.
- Driving without insurance. Louisiana’s No Pay, No Play law can limit what an uninsured driver can recover.
- Waiting too long to act. Important evidence can disappear, and Louisiana’s filing deadline continues to run.
Admitting Fault Under The New 51% Rule
After a crash, stick to the facts. Exchange information, cooperate with the police, and avoid saying the accident was your fault before the investigation is complete.
For accidents on or after January 1, 2026, Louisiana’s modified comparative fault rule can have a major impact on your claim. If you are found 51% or more at fault, you cannot recover compensation. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
Because fault affects what you can recover, even a simple apology or statement made in the moment may later be used against you.
Insurance And Deadline Traps
Insurance coverage can affect how much you recover after a crash. Louisiana’s minimum liability limits are 15/30/25, which may not be enough to cover a serious injury. In those situations, your own uninsured or underinsured motorist (UM/UIM) coverage may provide additional protection.
For most accidents that occurred on or after July 1, 2024, you generally have two years to file a lawsuit. Waiting too long can make it harder to preserve evidence, even if the filing deadline has not passed.
A Quick Hypothetical
This example is for illustration only. A driver has $100,000 in damages and is found 10% at fault. The claim is reduced to $90,000.
If that same driver is found 51% at fault, they recover nothing under Louisiana’s modified comparative fault rule. If they were uninsured, Louisiana’s No Pay, No Play law could also limit what they can recover.
Frequently Asked Questions
Should I admit fault at the scene of a crash?
No. Exchange information, answer the officer’s questions honestly, and let the investigation determine fault. Statements made at the scene can later be used by the insurance company.
Do I have to give a recorded statement to the other driver’s insurer?
You are generally not required to give a recorded statement to the other driver’s insurer. It is often best to understand your rights before speaking with them.
How long do I have to file a New Orleans car accident claim?
For most accidents that happened on or after July 1, 2024, you generally have two years to file a lawsuit. Earlier accidents may be subject to a different deadline.
Can one small mistake ruin my whole claim?
Usually not by itself. But several mistakes, such as delaying medical care, missing evidence, or accepting a settlement too soon, can reduce the value of your claim.
Protect Your Car Accident Claim
The steps you take after a crash can affect your claim. Report the accident, get medical care, keep records, and be careful about what you say to insurance companies before accepting a settlement.
If you were injured in a Louisiana car accident, Allan Berger & Associates, P.L.C. offers free case reviews to help you understand your options. The firm has represented injured Louisianians since 1975 and works on a contingency fee basis, so you pay no attorney’s fees unless compensation is recovered.
Call 504-526-2222 to speak with the team.
