Car accident that wasn't my fault in Louisiana: what to do

If anyone is hurt or the scene is dangerous, call 911. Turn on hazard lights and move to a safe place if you can.

Why: Safety first. Police can also document the crash.

Get the other driver's name, phone, driver's license number, plate number, insurance company and policy number, and photograph their insurance card and plate.

Why: Most states require drivers to exchange this information, and you need it to make a claim.

Take photos of both cars, the damage, the road, traffic signs and lights, skid marks, and any injuries. Get names and phone numbers of witnesses.

Why: Proof of who caused the crash often comes from photos and witnesses gathered in the first minutes.

Report the crash the way your state requires (see your state below), and write down the police report number.

Why: Some states require a police call or a written state report for injuries or damage above a set amount, with short deadlines.

If you answered “Yes” to “Was anyone hurt?”

Get checked by a doctor if you feel any pain, even if it seems minor.

Why: Some injuries show up later, and medical records connect the injury to the crash.

Tell your own insurance company about the crash, even though it was not your fault.

Why: Most policies require prompt notice, and your insurer can help if the other side does not pay.

If you answered “I don't know yet” to “Does the other driver have insurance?”

If you don't know whether the other driver is insured, ask the police for the report and the insurance information it lists, and ask your own insurer to help find the other driver's insurer.

Why: You need the other driver's insurer to make a claim; the police report usually lists it.

If you answered “No” to “Did police come or take a report?”

If police did not come, check your state's rule below: some states require you to call police or send a written report yourself within a few days.

Why: Missing a required report can lead to a fine or license suspension.

Open a claim with the other driver's insurance company and ask for the claim number and adjuster's name. Stick to the facts; you do not have to give a recorded statement right away.

Why: Their liability insurance is what usually pays for your car when their driver caused the crash.

If you answered “Yes” to “Was anyone hurt?”

If you live in a no-fault state, also file for personal injury protection (PIP) with your own insurer for medical bills and lost wages.

Why: In no-fault states your own PIP pays injury costs first (see your state's insurance system below), and PIP claims have notice deadlines in your policy.

If you answered “No or they drove off” to “Does the other driver have insurance?”

If the other driver has no insurance or left, ask your insurer about uninsured motorist or collision coverage and how your deductible works.

Why: Your own policy may pay, and your insurer can then try to recover from the other driver.

If you answered “Yes” to “Did police come or take a report?”

Get a copy of the police report when it is ready.

Why: Insurers rely on it to decide fault.

Get one or two written repair estimates and keep receipts for towing, a rental car, and other costs.

Why: You can claim costs you can prove.

If you rent a car while yours is repaired, keep the bill and ask the at-fault insurer whether it will pay for it.

Why: Loss of use of your car can be part of your property damage claim.

If the insurer delays or offers too little, send a written demand letter with your estimates and receipts (template below).

Why: A clear written demand often moves a stalled claim and is expected before small claims court in some states.

If your claim is denied, see the plan for a denied insurance claim, including a complaint to your state insurance department.

Why: State insurance regulators handle complaints about how insurers treat claims.

If you are still not paid, you can sue the at-fault driver in small claims court for amounts up to your state's limit (for example, your deductible or repair costs). In Michigan, the 'mini-tort' limit is $3,000 for car damage your insurance does not cover.

Why: Small claims is low-cost and designed for people without lawyers.

Keep track of your state's deadline to sue for property damage and, if hurt, for personal injury.

Why: After the deadline passes, you usually lose the right to sue.