When you get in an accident through no fault of your own, a whole set of new rules apply that aren’t subject to the other person’s insurance policy. Here’s what you need to know:
In Louisiana, you have the right to choose where you get your vehicle repaired. Just because an insurer has a “preferred” or “select service” shop, that doesn’t mean you have to take it there. Louisiana law mandates that insurers must pay for your claim, regardless of which shop you choose. The law also dictates that the insurer cannot withhold payment for your claim because of your choice of shop that may be outside their “preferred” network. This principle is backed by the Louisiana Department of Insurance, which emphasizes that collision repair facilities should receive payment for necessary repairs, parts, and materials to restore vehicles to their pre-accident condition relative to safety, function, and appearance, regardless of prevailing market practice .
The at-fault driver’s insurance is responsible for providing alternative transportation (rental vehicle) for the entire time your vehicle is in the shop. This includes situations where your vehicle is undriveable, and a part is backordered for a month, preventing repair work from beginning. You are entitled to a comparable vehicle to the one you were driving. For example, if you drive a third-row seat SUV, the insurer should pay for you to drive nothing less than a third-row seat SUV . Louisiana law is clear on this matter, ensuring that you are not left without suitable transportation due to delays caused by the repair process or parts availability.
Louisiana law clearly states that a vehicle should be returned to its pre-accident condition relative to safety, function, and appearance, using good parts and following vehicle and paint manufacturer procedures and requirements. Insurers might try to enforce the use of aftermarket or junkyard parts, but they do not have the final say. The recommendations of vehicle and paint manufacturers and industry procedure manuals should be utilized to determine the necessity of repair procedures, parts, and materials . The Louisiana Department of Insurance advises that all parties involved should acknowledge that the collision repair consumer is entitled to quality repairs involving necessary procedures, parts, and materials, utilizing recognized industry repair methodologies .
Once the repairs are complete, you have the right to claim diminished value. Diminished value is the loss of value your vehicle has undertaken as a result of being in an accident and thus having a Carfax report on it. Even if the repairs are perfect, there will still be that report, and that can affect the value of your vehicle when you go to sell or trade it in. Louisiana law allows you to recover this diminished value as additional damages . According to RS 9:2800.17, if a vehicle is damaged and its fair market value is less after repairs, the owner can claim the diminished value, ensuring that you are compensated for the loss in your vehicle's market value post-repair .
If you find yourself in a situation where you feel like the insurance company isn’t doing you right, we can help! Call or text us at 318-789-6675.
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