Injured in a crash? Now what? Part #1
Filled with adrenaline and uncertainty, you have just been involved in a crash and don’t know what to do. This post will help provide a general guide for common steps that you should take.
- Are you injured? Your body is in the fight or flight stage and you may not be aware of all of your injuries as your mind and body are working to protect you and get you out of this situation. But here are a few things to check. Are you able to move your arms and legs? Do you feel pain anywhere? Are you scared to move or get out of your car? Depending on your answer, it may be better to stay in your vehicle, assuming it is safe to remain inside.
- Call 9-1-1. Report the crash and notify the operator of your location, any injuries that you or your passengers may have suffered, and if you have been able to check on the other driver, report any injuries they may have suffered. If you or others have been injured or if you are worried about injuries, please request the ambulance.
- Documentation. If you are able to safely move outside of your car, please take pictures of your car, the other car, the area where the crash happened, and anything else that you believe to be important.
- Move your car? If instructed by the 9-1-1 operator to do so, but your car or the other car is not able to be moved, please let the operator know. If you are on a highway, state law requires you to move your vehicles to the side, if you can do so. If you are on any other roadway, you may consider moving to the side or to a parking lot to avoid further harm. Before doing so, make sure to take pictures of both cars and their placement on the roadway.
- Police. When the police arrive, be honest and tell them what you remember happening. You will also be asked to write a statement, if your condition allows. This is not a school essay, but just a chance to write a short statement that may include the direction you were driving, your actions before the crash (were you stopped for traffic or a light or driving straight), and what did the other driver do or not do?
- Ambulance.If you have any concerns, please get medical attention immediately. Let the paramedics check you out. They are trained professionals and will make sure that if you need medical attention, you will get help immediately.
This is just the beginning of the journey. Come back for Part #2 where we will discuss starting an insurance claim, the importance of hiring a skilled personal injury attorney and more.
Car crashes, motorcycle crashes, 18wheeler crashes happen. When they do, we are here to help the victims maximize their recovery. We are here to help. We are a personal injury law firm in downtown Lafayette, Louisiana. For more than 50 years, we have been able to maximize results for our clients either through settlement or victories in the courtroom. Through teamwork and communication, I am able to effectively and efficiently maximize my client’s recovery. No two cases are exactly alike, and you should not be treated as a number on an assembly line. Hire an attorney who knows you by name and will spend the time with you to understand how your life has been affected, explain the law that applies to your case, the game plan, and to answer all of your questions. We work FOR our clients. Injured and have questions?
No Pay, No Play?
DOES THIS MEAN YOU’RE OUT OF LUCK?
What does this mean and why do we have such a thing?
In Louisiana, we have a “No Pay, No Play” law. Here is the quick simple explanation – if you are driving and do not have car insurance when injured in a crash, as an uninsured driver, you give up the first $15,000 of personal injury coverage and first $25,000 of property damage coverage. Those are the minimum limits required by law that every vehicle owner must maintain while owning their car.
Our state lawmakers enacted this law to attempt to reduce the number of uninsured drivers on the road. The thought being that with this law being passed, people who do not have auto insurance will either stop driving or will purchase car insurance. Additionally, if a person does not pay to have auto insurance and causes a crash, they have not protected the other drivers on the road. But if the uninsured driver is in a crash, then they are not able to “reap the benefits” if they are the victim, at least for the first $15,000 of personal injury damage and $25,000 of property damage.
But there are exceptions. The driver of the other vehicle:
- Is cited for drunk driving and later is convicted, pleas guilty or no contest.
- Intentionally caused the crash.
- Flees the scene – hit and run.
- At the time of the crash, is committing a felony.
Does this law apply if you are a passenger? NO! Provided the passenger who is injured did not own that car.
What is the driver is from out of state and is the injured victim? Louisiana law may not apply to that driver if their state does not have the same level of coverage as Louisiana, $15,000/$30,000/$25,000. But there are also exceptions here – did that out of state driver move to Louisiana and fail to transfer registration in the time required by law?
Just because you have been injured and there is no insurance on your car does not always mean you will not be able to recover. If this has happened to you, give us a call. We are happy to meet with you, learn more about your unique situation and provide great advice.