Partner at AKD Lawyers
Practice Areas: Insurance Claims
A car crash happens in seconds, but what you do right after it can affect your claim for months. Pain may not show up right away, emotions may run high, and one careless comment may be used against you later. Most of these mistakes are avoidable once you know what to watch for.
If you were hurt on a New Orleans road, the choices you make early can shape what your claim is worth later. A short, free conversation with a New Orleans car accident lawyer can keep you from the traps below, but you can start protecting yourself the moment the crash ends.
Here are the 10 mistakes we see most often, along with what to do instead.
Mistake #1: Skipping medical care because you “feel fine”
Adrenaline and shock can hide serious injuries for hours or even days. Whiplash, concussions, and internal injuries may show up after the tow truck is gone.
Waiting to get checked can put your health at risk and give the insurance company room to argue that your injuries were not serious or that they came from something else.
See a doctor the same day, even if you feel okay. Prompt care creates a medical record that ties your injuries directly to the crash, which is one of the strongest links in any claim.
Keep copies of every report, scan, and prescription. For more on what to watch for, see our guide to the most common car accident injuries.
Mistake #2: Apologizing or Admitting Fault
After a crash, it is easy to say “I’m sorry” without thinking. But that comment can later be treated as an admission, even if you were only reacting to the situation.
When speaking with the police or the other driver, keep to what you know. Explain what happened without guessing about who was responsible.
That is especially important under Louisiana’s current comparative fault rules. For crashes on or after January 1, 2026, your share of fault can reduce your compensation, and being more than 50% at fault can bar recovery.
Mistake #3: Failing to Report the Crash
Louisiana law requires certain crashes to be reported, including those involving an injury, death, or at least $500 in property damage under La. R.S. 32:398.
Calling 911 allows an officer to document the crash, including the scene, vehicle damage, and any citations. A police report can also help with an insurance claim.
Get a copy of the report when it is available and check it for mistakes. If you find an error, ask the police department about the process for correcting it.
Mistake #4: Not documenting the scene
If you are physically able, your phone is the best evidence tool you have. Photograph the vehicles, their positions, skid marks, debris, traffic signs, and your visible injuries. Get names and numbers from the other driver, any passengers, and witnesses.
Memories fade, and cars get repaired. The details you capture in the first few minutes can settle a fault dispute weeks later, especially when there are no independent witnesses.
Mistake #5: Giving a recorded statement too soon
An adjuster may call within a day or two, sounding friendly and keen to help. Their job, though, is to limit what the company pays. A casual recorded statement is an easy place to say something that gets used against you.
You are not required to give a recorded statement to the other driver’s insurer. Before you say anything beyond the basic facts, it helps to understand how insurance adjusters use tactics.
Stick to date, time, and location, and avoid guessing about your injuries or who was at fault.
Mistake #6: Posting About the Crash on Social Media
Social media posts can become part of an insurance claim. A picture from a dinner or family event, for example, may be used to argue that your injuries were not as serious as you said.
It is safer to keep the accident, your injuries, and your recovery off social media while the claim is pending. You may also want to ask friends and family not to tag you in posts.
Get Your Free Consultation
Mistake #7: Stopping Treatment Too Soon
You may start feeling better after a few visits and think you no longer need treatment. But stopping before your doctor says you are done can leave gaps in your medical records and make it harder to show how the injury affected you.
Keep your appointments and follow the treatment plan. Save records from doctors, therapists, pharmacies, and other providers, along with your receipts.
Mistake #8: Taking the First Settlement Offer
An early settlement offer may arrive before you know how long you will need treatment or whether the injury will cause problems later. The amount may not account for future medical care, lost wages, or other losses.
Before accepting an offer, make sure you understand your condition and likely future treatment. Once you sign a release, you generally cannot go back and ask for more money later.
Mistake #9: Misunderstanding Louisiana’s Fault Rule
For crashes on or after January 1, 2026, you can recover damages only when you are 50% or less at fault.
Your compensation is reduced by your percentage of fault, and if you are 51% or more responsible, you cannot recover under La. Civ. Code art. 2323. Louisiana’s modified comparative fault rule explains how this works.
The rule was different for crashes that happened before January 1, 2026. Those cases follow Louisiana’s older pure comparative fault system, which allowed recovery even when a person was mostly at fault.
That makes the evidence in your case important. Photos, witness accounts, medical records, and the police report can all help show what actually happened.
Mistake #10: Trying to Handle a Serious Claim Alone
Not every accident needs a lawyer. A minor crash with little or no injury may be straightforward enough to handle yourself.
Things can get more difficult when you have serious injuries, several people involved, or an insurer disputing your claim. There may be medical bills, lost income, insurance issues, and questions about who was responsible.
A Louisiana car accident lawyer can deal with the insurer, gather the records needed for the claim, and keep track of important deadlines. A free consultation can also give you a clearer idea of what your case may involve before you decide how to proceed.
Frequently Asked Questions
When should I call a doctor after a crash?
As soon as possible, even if you feel okay at first. Some injuries take time to show up.
Can I refuse a recorded statement from the other insurer?
Yes. You can give basic information about the accident, but you do not have to agree to a recorded interview with the other driver’s insurer.
What happens if I was partly responsible?
Your share of fault can reduce your compensation. For crashes from January 1, 2026 onward, you generally cannot recover if you are more than 50% responsible.
Can something I post online be used against me?
It can. Insurance companies may look at public posts when reviewing a claim, including photos or comments about your health and activities.
What if the insurance company offers me money right away?
Take your time before accepting it. An early offer may not account for future treatment, missed work, or other losses.
Talk to a New Orleans Car Accident Lawyer
If a crash left you hurt, you should not have to guess your way through the insurance process. The team at Alvendia, Kelly & Demarest has helped injured New Orleanians for more than two decades, and we are happy to tell you honestly where your case stands. Call (504) 200-0000 any time for a free consultation.
There is no fee unless we win, and no pressure to hire us. Tell us what happened, and let us take care of the rest. You can also get in touch here.
Reviewed by Jeanne Demarest, Partner at Alvendia, Kelly & Demarest Law Firm.
Categories
In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
