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what happens if the insurance company fails to pay - kiefer kiefer new orleans injury attorneys

If you have been involved in a car accident with vehicle property damage, chances are that you have contacted an insurance company – whether it was your own or the insurance company of the at-fault driver to get the property damage to your vehicle paid.

In the vast majority of cases, the insurance company inspects your vehicle and writes you a check to compensate you for an undisputed amount of property damage. In some cases, however, the insurance company drops the ball, which is when our clients seek counsel about their options.

Our car accident attorneys at Kiefer & Kiefer have been helping our clients in New Orleans and throughout Louisiana for generations. We’re here to help ensure you get everything you need to get you through this difficult time.

What does Louisiana law say about vehicle damage?

In Louisiana, the legislature has passed a law addressing this very issue – La. R.S. 22:1892, which is known generally as a “Bad Faith” statute.

That law requires that an insurance company is required to pay the amount of any claim  – from either their own insured or any third party within 30 days after it has been established that they must pay those claims.

The insurance company must also institute loss adjustment within 14 days after notice of the claim.

If the insurance company fails to do this, they may be liable for penalties and attorneys fees, and you may have a lawsuit to file against them.

La. R.S. 22:1892 (B)(1) provides for penalties that may be an extra 50% of the amount of damage to the vehicle as well as attorney fees.

Further, you may be entitled to be compensated for your expenses for making alternative transportation, such as taking Uber or Lyft, and attorneys fees.

How Do I Make a Claim to Repair My Vehicle Damage After an Accident in Louisiana?

To make a claim against another insurance company, contact the insurance company to get started. You should have all of the information on your vehicle available to you, including:

  • the make,
  • the model,
  • the VIN number, and
  • the vehicle location

The adjuster may ask you questions about your vehicle or the facts of the loss.

If you want to make a claim against your own insurance company, just give them a call or use their app on your phone if you have one. They will walk you through the process.

We recommend speaking to an experienced Louisiana car accident attorney before beginning any of the steps toward making a claim. At Kiefer & Kiefer, our attorneys can help walk you through this process.

Contact Kiefer & Kiefer about your Louisiana car accident today

If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury attorney or a New Orleans personal injury attorney as soon as possible. Contact Kiefer & Kiefer today to get started on your case.

This is being provided for informational purposes only and not for the purpose of providing legal advice.

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