How Do I File a Car Accident Injury Claim?

A car accident injury claim usually begins with notice to one or more insurers, but opening a claim is only the administrative start. The substance comes from evidence showing how the collision happened, what injuries it caused, which insurance applies, and what losses can be proved.

Property damage and bodily injury may be handled on different tracks. Keep the claim numbers and documents for each track separate, and read any settlement or release carefully to determine exactly what it resolves.

Take care of safety and medical needs first

Call 911 when someone may be injured, vehicles are disabled, traffic is blocked, or the circumstances otherwise require assistance. Move to a safe location if possible and follow the directions of responders.

Seek medical care based on symptoms and professional advice. Some symptoms may appear or become clearer after the initial stress subsides. Tell the clinician how the collision occurred, when symptoms began, and whether the body struck anything inside the vehicle.

Do not use the amount of visible vehicle damage to diagnose yourself. Repair evidence and medical evidence answer different questions.

Collect identifying information at the scene

Obtain the other driver’s name, contact information, driver’s license, vehicle registration, license plate, and insurance information. Record the make, model, and color of each vehicle. Note the responding agency, officer, and report or incident number.

Get names and reliable contact information for witnesses. Ask where each person was and what the person actually saw. Avoid coaching a witness or asking the person to agree with your conclusion about fault.

Photograph the full context, not only the damage

If it is safe, take wide photographs of the roadway, lanes, signs, signals, obstructions, debris, tire marks, weather, lighting, and final vehicle positions. Photograph all sides of every vehicle, the interior, deployed airbags, and close views of the contact areas.

Save original files and back them up. Identify nearby businesses, homes, vehicles, and public systems that may have video. A prompt, precise preservation request can matter because private surveillance and dash-camera footage may be overwritten.

Report the collision without guessing

Notify your own insurer promptly under the policy’s reporting provisions. A claim may also be opened with the liability insurer for another driver. Ask for the claim number, adjuster’s name, direct contact information, and the coverage under which the claim was opened.

Give accurate basic facts. Do not estimate speed, distance, phone use, or another driver’s intent if you do not know. Do not adopt a percentage of fault merely because an adjuster suggests one before the available evidence has been reviewed.

Save a copy of each document sent, the date and method of transmission, and the response. A short written chronology can help keep later communications consistent.

Identify every potentially relevant policy

The other driver’s liability policy is not always the only coverage. Depending on the facts and policy language, the claim may involve the injured person’s uninsured or underinsured motorist coverage, medical-payments coverage, collision coverage, a household policy, a commercial policy, or coverage connected with a rideshare, employer, or vehicle owner.

Do not assume that a driver has no usable coverage solely because the driver did not produce a valid card at the scene. Confirm coverage through the claim process. Preserve your own complete declarations and policy documents, including endorsements in effect on the collision date.

The crash report is useful but not the entire case

A report may identify drivers, vehicles, insurers, witnesses, statements, apparent violations, and a diagram. An officer who did not see the collision may have to rely on scene observations and accounts from others.

Review the report for factual errors such as vehicle identity, direction of travel, witness information, or insurance details. Ask the investigating agency about its correction or supplemental-report process. Do not alter the original document.

If Louisiana State Police investigated, its Traffic Records Unit provides current instructions for requesting reports and photographs. Preserve other evidence while waiting for a report to become available.

Keep medical documentation accurate and complete

At each visit, report symptoms, functional changes, prior conditions, new events, and whether treatment has helped. Follow reasonable medical instructions or document why an appointment or recommendation could not be completed.

Keep visit summaries, referrals, imaging reports, prescriptions, therapy records, work restrictions, mileage, and out-of-pocket costs. Health-insurance explanations of benefits and provider balances can help reconcile who paid what.

A prior injury does not automatically defeat a claim, but inaccurate or incomplete history can create a credibility dispute. The relevant question may be whether the collision caused a new condition or aggravated an existing one.

Document work loss with employer and wage records

Save pay stubs, tax and payroll records, schedules, missed-shift information, leave records, restrictions, and communications about modified work. If compensation included overtime, bonuses, commissions, or self-employment income, preserve records showing how those amounts were earned before the collision.

A written statement from an employer or payroll department can confirm missed time and compensation, but it should be based on business records rather than an estimate. Self-employed people may need invoices, calendars, contracts, and financial records showing specific lost work.

Track practical losses without turning the file into a script

A simple dated log can record appointments, symptoms, sleep problems, activity limits, household help, and missed events. Write only what happened. Repeated identical entries or exaggerated descriptions can be less useful than specific examples tied to dates.

Keep receipts for medication, equipment, transportation, replacement services, and other collision-related expenses. Not every expense is necessarily recoverable, but the receipt allows the issue to be evaluated.

Vehicle repair and injury claims may move at different speeds

A vehicle can be repaired or declared a total loss before the medical picture is clear. Photograph it thoroughly before repairs or salvage. Keep estimates, supplements, valuation reports, towing and storage charges, rental records, and payment explanations.

Ask whether a proposed property-damage release is limited to the vehicle claim. Do not assume that a document is limited because the discussion with the adjuster focused on the car.

A recorded statement is different from reporting a claim

An insurer may request a recorded statement soon after the crash. The duties owed to your own insurer can differ from the relationship with another driver’s carrier, and the applicable policy matters.

Before a recorded interview, ask who is requesting it, which coverage is involved, whether the policy requires it, what topics will be addressed, and whether a copy or transcript will be provided. Answer truthfully, but do not fill gaps in memory with assumptions.

Do not sign a broad authorization without understanding it

An insurer may need records relevant to the claimed injuries and losses. A broad medical authorization can reach far beyond the providers or dates at issue. Read the scope, purpose, duration, and people authorized to receive information.

Records can often be gathered and produced in an organized way, subject to the policy and claim process. Do not alter or selectively hide responsive material. The goal is an accurate record, not an artificially perfect one.

Settlement requires a reasonably clear picture of the claim

A demand may summarize liability, injuries, treatment, restrictions, wage loss, expenses, insurance, and supporting exhibits. There is no single required packet for every claim, and sending more pages does not necessarily make the evidence stronger.

A settlement release is generally intended to end the rights described in it. Before signing, confirm the parties and claims being released, whether liens or reimbursement interests must be addressed, how medical balances will be handled, and whether payment resolves only property damage or also bodily injury.

Louisiana fault rules can reduce or bar recovery

For causes of action governed by the version effective January 1, 2026, Civil Code article 2323 bars recovery when the injured person’s negligence is 51 percent or more. When that person’s negligence is less than 51 percent, recoverable damages are reduced in proportion to the assigned share. Earlier collisions may be governed by the prior version, so the date matters. Paragraph C preserves its exception for a negligent plaintiff harmed partly by an intentional tortfeasor.

Fault may be disputed based on speed, following distance, lane position, traffic controls, visibility, distraction, and the opportunity to avoid the impact. The guide to common crash causes and evidence explains how different collision types produce different proof questions.

Louisiana has a filing deadline

Civil Code article 3493.1 provides a general two-year prescriptive period for qualifying delictual actions arising on or after July 1, 2024, beginning on the day injury or damage is sustained, subject to the article’s text and other rules that may affect a particular claim. Earlier incidents may follow prior law.

Insurance discussions do not necessarily stop prescription. Claims involving a public entity, an out-of-state event, a minor, a death, product liability, or another unusual circumstance may raise additional rules. Acting earlier also protects evidence even when the ultimate filing date is not near.

An insurance claim and a lawsuit are not the same

An insurance claim is the process of asking an insurer to provide benefits or pay damages under applicable coverage. A lawsuit is a formal court proceeding against one or more defendants. Filing a claim does not automatically file a lawsuit, and a claim number does not preserve a court deadline by itself.

A lawsuit may allow subpoenas, depositions, expert discovery, and judicial resolution when liability, causation, damages, or coverage cannot be resolved. Many claims settle without trial, but the correct path depends on the facts and response from the parties and insurers.

When legal review may help

Review may be useful when fault is disputed, the injuries are serious or evolving, several policies or vehicles are involved, a commercial or government vehicle is involved, the other driver lacks adequate insurance, a statement or broad authorization is requested, a release has been offered, or the filing deadline is approaching.

The firm’s car accident practice page describes the broader claim process. Related guides address vehicle repair and total-loss issues and deposition preparation if a case reaches litigation.