Car crashes • Uninsured motorists • Louisiana
A car crash claim begins with evidence—not an insurance estimate.
A collision can create injuries and an insurance process before the medical picture is clear. Tonry & Giraud helps preserve evidence, identify responsible parties and coverage, and document losses supported by the facts.
How fault is established
A traffic citation may be useful, but it does not necessarily decide a civil claim. Reports, photographs, vehicle damage, witness interviews, surveillance video, electronic vehicle information, and testimony may all help establish whether a driver failed to use reasonable care.
More than one party may share responsibility
Depending on the facts, an employer, vehicle owner, commercial carrier, maintenance business, manufacturer, roadway custodian, or another party may require investigation. Different parties may control different evidence and insurance.
Insurance coverage must be investigated
Potential coverage can include the other driver's liability policy, uninsured or underinsured motorist coverage, medical-payments coverage, commercial insurance, and excess coverage. Policy language, exclusions, and valid selections can change the analysis.
Damages require complete proof
Medical records, bills, employment documentation, expert opinions, and credible testimony may support medical expenses, wage loss, reduced earning capacity, pain, disability, and other legally recognized losses.
What to do after a collision
Seek appropriate care, report the crash, photograph the scene when safe, identify witnesses, preserve digital material and damaged property, and avoid speculation. Deadlines vary by date, defendant, and claim type, so prompt review is safer.
Frequently asked questions
Clear answers to common questions.
What if I was partly responsible?
For claims governed by Louisiana's current comparative-fault law, recovery may be reduced by fault and barred at 51% or more claimant negligence. Earlier accidents may be governed by prior law.
Should I give a recorded statement?
Understand who is requesting it, why, and how it may be used. Duties to your own insurer are not necessarily the same as a request from an adverse carrier.
How long do I have to file?
Louisiana's general period for many injury claims is now two years, but effective dates, older accidents, public defendants, and specialized claims require individual analysis.
What if the driver has too little insurance?
UM/UIM coverage, policies covering an employer or owner, and other responsible parties may be relevant. Coverage must be investigated rather than assumed.