By Scott Mansfield, Personal Injury Attorney at Mansfield Melancon Injury Lawyers
You’re still figuring out what happened. Maybe you’re home from the ER, dealing with a rental car situation, or waiting on imaging results. And then your phone rings. It’s the other driver’s insurance adjuster. They’re friendly. They want to “just get some information” and “make sure you’re taken care of.” What they’re actually doing is starting the process of limiting what they have to pay you.
A New Orleans car accident attorney who represents people in this situation sees this pattern in every case. Here’s what you need to know before you take that call — or before you call them back.
You Are Not Required to Give a Recorded Statement
This is the most important thing to understand. The other driver’s insurer will ask for a recorded statement. They’ll frame it as routine, necessary, or helpful to your claim. It isn’t. You have no legal obligation to give them one. And anything you say in that recording becomes part of your file.
Before you give any recorded statement, speak with a New Orleans car accident lawyer. Once a statement exists, it exists. We can’t un-record it.
Why Early Settlement Offers Are Almost Never the Right Number
If an adjuster calls with a settlement figure within the first few days or weeks after a crash, that number was calculated before your injuries were fully understood. Accepting an early offer and signing a release closes your claim permanently — even if you find out a month later the injury required surgery.
Louisiana’s pure comparative fault system also plays into early offers. Adjusters calculate what a jury would award, reduce it by whatever fault percentage they can argue you carry, then offer less than that. A New Orleans personal injury attorney can tell you whether the offer reflects the actual value of your claim.
What the New Orleans Road Environment Adds to Your Case
Crashes on I-10 through downtown, on the I-610, or along Claiborne Avenue involve road conditions that factor into how fault is assessed. New Orleans’ aging infrastructure — potholes, faded markings, poorly timed signals — can create a municipal liability component separate from the other driver. Rideshare involvement adds another coverage layer that a local car accident attorney knows how to navigate.
What to Do Right Now
Don’t call the adjuster back until you’ve spoken with us. Review our guide on what to do after a car accident in Louisiana. Get your medical documentation in order — every appointment, every prescription, every missed day of work. Contact Mansfield Melancon at mmcdlaw.com/contact-us. The consultation is free.
Frequently Asked Questions
Do I have to give a recorded statement to the other driver’s insurer?
No. You are not legally required to give a recorded statement. Doing so before speaking with a New Orleans car accident attorney can significantly harm your claim. For a full breakdown of your rights, see our personal injury FAQ.
What should I do immediately after a car crash in New Orleans?
Seek medical attention, photograph the scene, collect the other driver’s insurance information, get witness names, wait for a NOPD officer to file a report, and review our guide on what to do after a car accident in Louisiana before speaking with the other driver’s insurer.
How does Louisiana’s comparative fault rule affect my car accident claim?
Louisiana is an at-fault state using a pure comparative fault system. If you are found partially at fault, your total recovery is reduced by that percentage. A New Orleans personal injury attorney reviews the evidence to counter unfair fault assignments before they reduce your compensation.
How long does a New Orleans car accident claim typically take?
Most car accident claims in Louisiana resolve within 6 to 18 months. See our guide on how long a personal injury case takes to settle. Settling too early — before the full extent of injuries is known — is one of the most common mistakes crash victims make.
Usually how long do I have to file a car accident claim in Louisiana?
Usually you have two years from the date of the crash. Review New Orleans car accident statistics to understand how common these claims are. Evidence degrades quickly — traffic camera footage may overwrite in 48 to 72 hours — so contacting a New Orleans car accident lawyer early is essential.