What to Do When an Insurer Denies a Louisiana Car Accident Claim


An insurance company can deny an accident claim. Whether the denial is justified depends on the policy, the facts, and the reason the insurer gives. Start by asking for that reason in writing. A disagreement over who caused the crash needs a different response from a claim that the policy had expired.

Keep the denial letter, envelope, claim number, and earlier correspondence together. If the decision came by telephone, write down the date and what the adjuster said, then request written confirmation. Avoid filling gaps in the account with guesses.

Identify what the insurer is disputing

Issue What to examine
Coverage The policy and endorsements, named insureds, covered vehicle, policy dates, exclusions, and the exact provision cited in the denial.
Fault The crash report, photographs, video, witness accounts, vehicle damage, and any evidence the insurer says supports its version.
Medical causation The symptom timeline, prior medical history, examinations, testing, and treating professionals’ findings about the injury.
Amount of loss Medical bills, repair estimates, wage records, and an explanation of which charges or losses remain disputed.
Missing information The specific documents requested, when they were supplied, and whether the insurer acknowledged receiving them.

A request for more information is not necessarily a final denial. Ask the adjuster to distinguish an open investigation from a coverage decision or rejection of the injury claim. That distinction makes the next response more useful.

Respond to the stated reason

If the letter relies on a policy exclusion, read the actual wording and the related definitions. If it disputes fault, identify the evidence that addresses that dispute. Sending another copy of a medical bill will not resolve a disagreement over which driver entered the intersection first.

For an injury dispute, provide an accurate medical history. Tell treating professionals about prior symptoms as well as changes after the crash. Do not exaggerate, omit prior treatment, or try to make every record sound identical. If a record contains a factual error, ask the provider about its correction process. Our article on back-pain claims after an accident explains the difference between proving an accident and proving the injury it caused.

Keep a dated record of documents sent and responses received. Before signing a release or broad authorization, understand what it covers. A claim under your own policy may carry cooperation requirements, so do not simply ignore requests. Have unclear or disputed requests reviewed promptly.

A denial and a bad-faith claim are different questions

R.S. 22:1892 governs important Louisiana claim-payment and good-faith duties. The former R.S. 22:1973 was repealed effective July 1, 2024. Older articles relying on it as the current statute may be misleading.

Louisiana’s claim-handling framework still requires insurers to adjust claims fairly and promptly and to make reasonable settlement efforts when the statutory conditions are met. Act 932, effective August 1, 2026, added claim-specific limits in R.S. 22:1892(I)(3) for personal injury and bodily injury claims by an insured or assignee. Those limits address good-faith disputes over liability or medical causation and a separate condition tied to a within-limits third-party settlement offer and a 30-day response period. The exact statutory conditions should be checked before characterizing a denial or delay as bad faith.

These rules do not make every unsuccessful claim a penalty case. The policy relationship, type of claim, proof provided, insurer’s conduct, and applicable version of the law need to be examined together. The enacted act is linked above because the codified webpage may lag behind the amendment.

Keep deadlines separate from negotiations

Do not assume that exchanging letters with an adjuster protects the filing deadline. Civil Code article 3493.1 provides a general two-year period for delictual actions, with the 2024 change applying to incidents on or after July 1, 2024. Older events and other types of claims can involve different rules. Policy notice requirements and the deadline to file suit also need separate attention.

When fault is disputed, Civil Code article 2323 matters. For claims governed by the rule effective January 1, 2026, negligence of 51 percent or more bars recovery; below that threshold, damages are reduced proportionally. An adjuster’s allocation is a position to evaluate against the evidence, not a reason to abandon the investigation.

The firm’s Baton Rouge car-accident practice can review the denial alongside the policy and accident records. Call (225) 500-5000 or use the form below. The denial letter is a useful starting point even if you do not yet have every supporting record.