What are My Rights When Another Motorist Causes an Accident that Results in Damage to My Vehicle?

Louisiana law is clear that a motorist who is negligent must pay for the losses caused by that negligence. Usually that payment is actually made by the insurer of the negligent motorist. Concerning damage to the vehicle, the first issue will be for the insurance company to determine whether the vehicle is “totaled”. A vehicle is considered totaled when the damage that has been sustained is equivalent to 75% or more of the current NADA Handbook market value [La. R.S. 32:702 (13)]. Generally with older vehicles that have experienced high mileage, smaller damage can result in the vehicle being declared totaled than with a new or late model vehicle. In the event that the vehicle is totaled, the negligent motorist and his insurer owe the cost of the vehicle, the amount of sales taxes on that cost and a reasonable charge for a rental vehicle (exclusive of fuel, insurance and mileage charges) during the time it takes for the insurance company to determine that a “total loss” occurred. Wher e a vehicle is repairable the recovery includes (1) the cost of repairs, (2) a reasonable rental vehicle during the time of repairs and (3) the diminished value of the vehicle after the repairs are completed.