If you were a passenger in a car accident in Shreveport and you were hurt, you may be able to make an injury claim, and in many cases the claim turns on the drivers' fault and the insurance policies involved rather than anything you did. Louisiana's two-year prescriptive period applies to most personal injury claims, so the safest next step is a prompt conversation about your facts with a personal injury attorney.
This post is general information, not legal advice. Todd M. Johnson, Attorney At Law, handles automobile accident matters for clients across Louisiana from his office at 400 Travis St in Shreveport. Below are the questions injured passengers in Shreveport and Bossier City most often have before they call.
Why a Passenger's Situation Is Different
A passenger usually was not steering, braking, or choosing the route. That changes the shape of the questions after a crash. Instead of asking whether you caused the accident, the questions tend to focus on who did, and which insurance policies may respond.
Passenger situations also come in more varieties than people expect. You may have been riding with a friend, a spouse, a coworker, or a family member. You may have been in a two-car collision where both drivers share some blame. You may have been in a crash involving a commercial truck. Each of those facts can matter, and none of them should be sorted out by guesswork.
If you were riding in an Uber or Lyft, the rules around rideshare coverage add their own layer. Todd's earlier article on rideshare accident claims in Louisiana covers that situation.
Fault: Which Driver Was Responsible?
Louisiana applies comparative fault, which means responsibility for a crash can be divided among the people involved. For a passenger, that often means looking at both drivers. The other driver may have run a light. The driver of your car may have been distracted. Sometimes both contributed.
Because insurers have a financial reason to shift responsibility, what is said in the days after a crash can become part of the dispute. A passenger who did nothing wrong can still be asked questions designed to narrow a claim. Keeping your account plain and factual, and speaking with counsel before giving a recorded statement to the other side's insurer, helps keep the focus where it belongs.
Insurance: Whose Policy May Apply
Depending on the facts, more than one policy may be part of the picture after a passenger is injured:
- The other driver's auto insurance, if that driver was at fault.
- The auto insurance of the driver of the car you were in, if that driver was at fault in whole or in part.
- Uninsured or underinsured motorist coverage, if an at-fault driver carried no insurance or not enough to cover the losses. Depending on the policies involved, that coverage may come from the vehicle you were in or from your own policy.
Which of these applies, and in what order, depends on the policies themselves and the facts of the crash. Every case is different. The point of listing them is simple: an injured passenger should not assume there is only one place to look, and should not assume there is nowhere to look.
When the Driver Is Someone You Know
This is the question many passengers hesitate to ask out loud. If your friend or family member was driving, you may worry that a claim means suing someone you care about.
A claim in that situation is commonly made through the driver's auto insurance policy rather than against the person directly. That is part of why drivers carry insurance in the first place. It is a common worry, and it is worth discussing openly during a consultation before deciding anything. You can ask exactly how the process would work, what it would involve for the driver, and what your options are, and then make your own decision.
Timing: Louisiana's Two-Year Window
In Louisiana, most personal injury claims must be filed within two years of the injury date. This deadline is strict, and missing it can end your ability to pursue the claim. Your specific facts may affect the window. Todd's article on Louisiana's two-year injury deadline explains what changed and what "prescription" means.
Two years can sound like plenty of time. In practice, medical treatment, insurance communication, and gathering records take months. A prompt first conversation puts the timing, fault, and insurance questions on the table while photos, witness names, and the police report are still easy to find.
What to Gather Before You Call
You do not need to turn this into a legal conclusion before you pick up the phone. Start with what you already have:
- A plain account of what happened, including the date, time, and location of the crash.
- The names of both drivers and any insurance information you were given.
- The police report number, if one was made.
- Photos of the vehicles, the scene, or visible injuries.
- Names and phone numbers of any witnesses.
- A list of the doctors or clinics you have seen since the accident.
The guide on what to bring to an injury consultation has more on preparing for the first call. Please do not send medical records or other sensitive personal information through the website form. Bring those details to the conversation instead.
Help for Passengers in Shreveport, Bossier City, and Across Louisiana
Todd's practice focuses on personal injury, including automobile accidents, big truck and commercial vehicle accidents, and work-related injuries. His background includes service as a former Assistant District Attorney, a former Public Defender, and a retired Military Captain, which means he has looked at legal questions from more than one side.
The office at 400 Travis St is the only physical location, and the practice covers the whole state. If your crash happened in Shreveport, Bossier City, Monroe, Alexandria, Lafayette, Lake Charles, Baton Rouge, or New Orleans, the Shreveport office is still the place to start. Every matter is different, and no attorney can promise a particular result. What a consultation can do is explain how Louisiana law may apply to your facts, how fees and case costs would be explained, and what the next step should be.
Frequently Asked Questions
Can a passenger make an injury claim after a car accident in Louisiana?
In many cases, yes. Passengers usually did not control either vehicle, so the claim often turns on the drivers' fault and the insurance policies involved. Your specific facts decide what applies, so a consultation is the place to sort that out.
What if the driver of my car was a friend or family member?
A claim in that situation is commonly made through the driver's auto insurance policy rather than against the person directly. It is a common worry, and it is worth discussing openly during a consultation before deciding anything.
How long does a passenger have to file an injury claim in Louisiana?
In Louisiana, most personal injury claims must be filed within two years of the injury date. This deadline is strict, and your specific facts may affect the window, so call promptly.
Should I talk to the insurance company before I speak with a lawyer?
You are generally not required to give a recorded statement to the other side's insurance company. It is reasonable to decline until you have spoken with counsel about your situation.
This post is general information, not legal advice. If you were hurt as a passenger, call Todd M. Johnson, Attorney At Law, at 318-222-4444 or toll-free at 1-855-LAW-TODD, or request a consultation online.