It might not help my business to tell you how to handle your own injury claim. But not everyone wants to hire a lawyer. So here are a few simple tips to help you get started. Still, remember that personal injury lawyers handle these cases every day. They know the traps to avoid and the best ways to deal with insurance companies. Because of that, hiring a lawyer early can help you get better results and faster payment. If the case is complex or the injuries are serious, you should consult with an injury lawyer right away.
How to open a claim with the other driver’s insurance.
First, contact the other driver’s liability insurer. Call them. Give your name, the date of the crash, and the policy number you found on the other driver’s insurance card. Ask them how to submit your claim.
How to open a claim with your UM insurance.
Next, contact your own insurance company under your UM or UIM coverage. Let them know the other driver may have little or no insurance. Provide the other driver’s insurance information so your UM carrier can investigate whether they need to step in and cover your injuries.
Here are good steps to follow:
- Seek medical care right away. Not only does this give you the best chance of getting better faster. But for your claim, you must show you got treatment for your injuries.
- Report the crash to both insurance companies. Tell the other driver’s liability insurer and your UM carrier.
- Send a letter to protect important evidence. This letter is called a spoliation letter. Send it to anyone who may have evidence about the crash. For example, send it to the other driver, their boss, the tow truck company, the storage lot, and the insurance company. In the letter, clearly list the specific items you want them to keep safe. Tell them not to throw away, change, or damage anything that could help your claim.
- Document everything. Take pictures of your injuries, the car damage, the crash scene, and traffic signs or signals.
- Gather medical records and bills. Get ambulance records, hospital bills, doctor’s notes, prescriptions, and physical-therapy costs.
- Collect witness information and the police report. If there were eyewitnesses, get their names and contact info. Get a copy of the police report.
- Send all documentation to the insurance companies. For the other driver’s company send your accident photos, witness statements, medical records and bills. Also send all of that to your own UM insurer along with the other driver’s insurance information.
- Monitor your UM claim. Your UM carrier will investigate whether the other driver’s insurance covers your accident. If not, your UM coverage may apply.
- Stay organized. Keep a folder (paper and/or electronic) labelled with “Claim – date of crash”. Update it with new bills, treatment records, calls made to insurers, emails sent or received.
Why this matters:
Documenting everything proves what happened, how much it cost you, and what was taken from you. Insurance adjusters look for early treatment, strong records, clear photos, and witness statements when evaluating your claim. If you skip steps or wait too long, you risk a lower or denied recovery.
Key terms explained:
- Liability insurer = the insurance company for the driver who caused the crash.
- UM or UIM coverage = your own policy’s coverage if the at-fault driver has no insurance or too little insurance.
- Claim = your request for compensation from an insurance company for injuries and damage.
By following these steps, you can improve your chance of a fair result—even without a lawyer. But remember that every state and insurance policy is different. It is easy to get tripped up. If the process becomes complicated, a lawyer can guide you while protecting your rights.
Sometimes you have to sue.
Also, know that filing a claim with the insurance company may not be enough to protect you. This is because the law sets a time limit for filing a lawsuit. This rule is called the statute of limitations (known in Louisiana as prescription). In short, it means you must file your lawsuit before the deadline.
Before July 1, 2024, you had only one year from the crash date to file suit. Now, Louisiana law gives you two years to file. That extra time helps, but it is still easy to miss the deadline if you wait too long.
If you are hurt in a crash, talk to a Louisiana personal injury lawyer as soon as possible. Even though you can open a claim on your own, a lawyer can protect your rights and help you recover the most money allowed. There is no substitute for having a lawyer who knows the system and how to fight for you.
