A guide for our clients
Your Car,
Your Claim
Understanding your property damage claim after a Louisiana car accident.
Donnie O'Pry
Attorney
337-500-0000
Free consultation
Pinhook Tower, 2014 W. Pinhook Rd., Suite 507
Lafayette, LA 70508
Lafayette, LA 70508
oprylaw.com
Contents
What’s inside
The basics
2
One accident, two claims
Your injury claim vs. your car claim, and the words you’ll hear
3
From crash to check
The eight steps of a property damage claim and when each happens
4
Whose insurance pays for my car?
Your insurer or the other driver’s, and when to use each
5
Your next steps
What to do now, with or without full coverage
Your car
6
If your car can be repaired
Choosing a shop, hidden damage, rentals and lost value
7
If your car is totaled
How the value is set, what you owe and the paperwork
When things get complicated
8
Common situations, part 1
Stalled insurers, storage yards, hit-and-runs and uninsured drivers
9
Common situations, part 2
Denied claims, shared fault, driving uninsured and borrowed cars
Keep handy
10
Your checklist and key deadlines
What to do, what to avoid and the Louisiana deadlines
11
How we help
When to call us and what to have ready
A guide for our clients
Welcome to O'Pry Law Firm
Thank you for choosing O'Pry Law Firm. Our work for you centers on your injury claim, but we know the stress of an accident doesn't stop there. Getting your car repaired or replaced, arranging a rental and keeping up with insurance calls can be overwhelming.
We put this guide together to help ease some of the burden on our clients who are dealing with property damage claims on top of being injured. It explains each step of a property damage claim, what to expect from the insurance company and what to do if your claim stalls. Keep it handy, and call us whenever you need help.
Questions about your car? Give us a call.
337-500-0000
General information about Louisiana property damage claims as of September 2026. Not legal advice — every claim is different.
O'Pry Law FirmProperty Damage Claim Guide
The basics
One accident, two claims
A car accident usually creates two separate claims. They move on different timelines and are often handled by different people. Knowing which is which saves a lot of frustration.
Claim 1
Bodily injury
Pays for what the accident did to you.
- Medical bills and future treatment
- Lost wages
- Pain, suffering and inconvenience
Usually takes: months — it waits until treatment ends
Handled by: your attorney
Claim 2
Property damage
Pays for what the accident did to your vehicle and belongings.
- Repairs, or the car's value if totaled
- Rental car or loss of use
- Towing, storage, damaged items
- Lost value after repairs
Usually takes: weeks
Handled by: you and the adjuster, with our help if required
Settling your car doesn't settle your injury claim.
Your car claim usually wraps up long before your injury claim — that's normal. Before you sign anything to get paid for your car, make sure the release says it covers property damage only.
Words you'll hear
Adjuster — the insurance employee who investigates and values your claim.
Deductible — what you pay first on your own policy. We work to get it back for you.
Third-party claim — a claim against the at-fault driver's insurance.
Actual cash value — what your car was worth right before the crash.
First-party claim — a claim against your own insurance policy.
Subrogation — your insurer collecting back from the at-fault insurer.
General information about Louisiana claims — not legal advice.2
O'Pry Law FirmProperty Damage Claim Guide
Step by step
From crash to check
Most property damage claims follow the same path. Here's what happens, in order, and roughly when.
1
At the scene
Call the police and get the report or item number. Photograph every vehicle. Get the other driver's name, insurer and policy number.
Day 0
2
Report the claim
Notify the at-fault driver's insurance company and your own. Write down every claim number and every adjuster's name. If you haven't done this already, we can open the claim, but we'll give the insurance company permission to discuss only the property damage claim with you.
Days 1–3
3
Inspection and estimate
Louisiana law requires the insurer to start adjusting your claim — inspecting and estimating the damage — within 14 days of your report.
Within 14 days
4
Fault decision
The at-fault insurer reviews the police report, statements and any video before accepting liability. If this drags on, see page 4.
Varies
5
Repair or total loss
If repairs would cost 75% or more of the car's value, it's a total loss (page 7). Otherwise it goes to the shop you choose (page 6).
After the estimate
6
Rental car
The insurer paying your claim may owe you a rental while you're without your car. Save every receipt, even if you're paying yourself.
During the claim
7
Offer and payment
Once the insurer has satisfactory proof of your loss, Louisiana law gives it 30 days to make a written offer to settle.
Within 30 days
8
Reimbursement and close
If you used your own coverage, your insurer collects from the at-fault insurer, and we get your deductible back. Sign only a property-damage-only release.
Weeks to months
The insurance company may call you directly. We tell the insurance companies it's okay to talk with you, but only about your property damage. Keep those calls about your car, not your injuries or how the accident happened.
General information about Louisiana claims — not legal advice.3
O'Pry Law FirmProperty Damage Claim Guide
TWO OPTIONS
Whose insurance pays for my car?
There are two ways to get your car fixed or paid for. You can open both claims at once — you just can't be paid twice for the same damage.
OPTION A · THIRD-PARTY CLAIM
The at-fault driver's insurance
Pros
- No deductible to pay
- Rental costs are usually covered
- Nothing is filed on your policy
Cons
- They must accept fault first, which can take weeks
- Payment is capped by their policy limits — on Louisiana policies, the state minimum for property damage coverage is $25,000
- You have no contract with them, so they owe you fewer duties
OPTION B · FIRST-PARTY CLAIM
Your own insurance
Pros
- Usually faster — they owe you duties under your policy
- No waiting on the fault decision
- Your insurer collects from theirs for you
- Under Louisiana law, your rates can't go up for an accident you didn't cause
Cons
- Requires collision coverage on your policy
- You'll only get a rental if you bought rental reimbursement coverage
- You pay your deductible up front — we'll make sure you get it back
Consider using your own insurance when…
- You want your car repaired or replaced as quickly as possible
- The at-fault insurer hasn't accepted fault after about two weeks
- The at-fault driver is uninsured or underinsured
- Your car can't be driven and you're paying for a rental yourself
Check your declarations page. Look for collision, rental reimbursement, gap and uninsured motorist coverage, and your deductible amount. Then send us a copy.
General information about Louisiana claims — not legal advice.4
O'Pry Law FirmProperty Damage Claim Guide
What to do now
Your next steps
A standard car claim is usually routine. Follow the path that matches your coverage, and if you have any trouble with an insurance company, call us. We're always available to help.
If you have full coverage (collision)
Use your own insurance
You don't have to, but most clients find their own insurer easier to deal with. And your rates can't go up for an accident you didn't cause — Louisiana law forbids it.
1
Call your insurance company and report the accident.
2
Ask them to come look at your car, "appraise the damage" and "pay you for your loss."
3
If they send you to the other driver's insurer, say: "I have a claim against the other driver, but I want you to appraise and pay for my damage now."
Your deductible: you'll pay it up front. Tell us the amount and we'll get it back from the other insurer right away, without waiting for your injury claim to settle.
If you don't have full coverage
Work with the other driver's insurer
We've already given them permission to speak with you directly, but only about your car.
Do not discuss:
• How the accident happened
• Your injuries
• Your opinions or doubts about fault
1
Tell them where your car is and ask them to appraise the damage.
2
Expect a low first estimate. Adjusters often price only the damage they can see.
3
Take your car to any reputable shop you choose. Page 6 explains how repairs and payment work.
Stuck with either insurer? Call us. Page 11 explains how we help.
General information about Louisiana claims — not legal advice.5
O'Pry Law FirmProperty Damage Claim Guide
Repairable vehicles
If your car can be repaired
You choose the shop
Louisiana law says an insurer can't require you to use a particular shop to get paid. If it recommends one, it must tell you you're not obligated to use it.
Hidden damage gets added later
Shops often find more damage once the car is apart. They send the insurer a "supplement" for the extra cost. That's normal and doesn't restart your claim.
Who gets the check
Payment may go straight to the shop, or be made out to you and the shop — and your lender too, if you have a car loan.
Lost value after repairs
A repaired car with an accident history can be worth less. Louisiana lets you claim that "diminished value" from the at-fault driver's insurer when the car is repaired, not totaled. Insurers usually pay it only on newer cars, generally under a year old.
Getting a rental car
From the at-fault driver's insurer
They owe reasonable rental costs while your car is being repaired. Often they'll set up a rental for you; sometimes they'll only reimburse what you pay out of pocket. If their delay leaves you without your car for more than five business days, Louisiana law requires the responsible insurer to cover reasonable transportation costs for that whole time.
From your own insurer
Only available if your policy includes rental reimbursement. Call your insurance company and ask about your options for setting up a rental. Coverage usually has a daily cap and a day limit.
- Keep every receipt and the credit card statements that show daily rental charges.
- A rental usually ends a few days after repairs finish or a total-loss offer is made.
- No rental? You may still be able to claim "loss of use" for the days you had no car.
General information about Louisiana claims — not legal advice.6
O'Pry Law FirmProperty Damage Claim Guide
Total loss
If your car is totaled
In Louisiana, a car is generally a total loss when repairs would cost 75% or more of its value. A car can be totaled even if it still runs.
How your car's value is set
The insurer sets "actual cash value" using similar cars for sale near you, adjusted for mileage, condition and options. Ask for the valuation report, and ask for sales tax, title and license fees on top of the value.
If the number seems low
Send the adjuster listings for comparable cars and receipts for recent work like tires or a transmission. Wrong trim, mileage or options are common errors.
If you still owe on the car
Payment goes to your lender first. If you owe more than the car is worth, you owe the difference — unless you have gap coverage, which can pay it.
The paperwork
Expect a request for your title or a power of attorney so the insurer can transfer it. Remove your belongings and plate. Ask us before signing anything unclear.
How the math can work
Illustration only — not a real claim
Car's actual cash value$14,000
Your collision deductible (only if you used your own insurance)− $500
Paid to your lender$13,500
Your loan payoff$17,500
Still owed before gap coverage$4,000
Gap coverage may pay that $4,000.
Start shopping early. Storage-yard fees keep adding up once the car is declared a total loss, so move quickly.
General information about Louisiana claims — not legal advice.7
O'Pry Law FirmProperty Damage Claim Guide
Scenarios · 1 of 2
Common situations, and what to do
1
Clear fault, one other driver
What happens
Their insurer accepts fault, inspects your car, and pays for repairs or its value plus reasonable rental costs.
With collision coverage
You can still use your own insurance if it's easier (see page 5).
Without collision coverage
Work with their adjuster, about your car only. Call us if there's no inspection within 14 days.
2
Their insurer stalls or disputes fault
What happens
Weeks pass with no decision, or they say fault is unclear. Your car sits and costs add up.
With collision coverage
Open a claim with your own insurer now (see page 5).
Without collision coverage
Call us right away. We'll share the police report, contact the adjuster and push for a decision.
3
Your car is at a tow or storage yard
What happens
Daily fees keep adding up. Louisiana law gives the insurer 10 working days to appraise a car in storage once told where it is.
With collision coverage
Have your insurer appraise it quickly, and ask whether your policy covers towing and storage.
Without collision coverage
Give their adjuster the car's location right away, and save every storage bill for your claim.
4
No insurance on the other side, or a hit-and-run
What happens
No insurance company on the other side will pay for your car. Report a hit-and-run to police right away.
With collision coverage
Use your collision coverage to repair or replace your car.
Without collision coverage
Check for uninsured motorist property damage coverage. Without it, the only option is a claim against the driver, if identified. Call us.
General information about Louisiana claims — not legal advice.8
O'Pry Law FirmProperty Damage Claim Guide
Scenarios · 2 of 2
More situations, and what to do
5
Their insurer denies your claim
What happens
The at-fault driver's insurer refuses to pay, often saying their driver wasn't at fault.
With collision coverage
Use your collision coverage now. Your insurer can fight the denial and recover your deductible.
Without collision coverage
Call us. We'll review the denial and police report, push back with the adjuster, and look at a claim against the driver.
6
You're partly at fault
What happens
Payment is reduced by your share of fault. For crashes on or after January 1, 2026, at 51% or more you can't recover from the other driver.
With collision coverage
Use your collision coverage. It pays for your car regardless of fault, minus your deductible.
Without collision coverage
You can recover only from the other insurer, reduced by your share. Don't guess about fault with the adjuster.
7
You didn't have insurance
What happens
Louisiana's "No Pay, No Play" law generally bars uninsured owners and drivers from recovering the first $100,000 of property damage and the first $100,000 of injury damages, even when not at fault.
What to do
There are numerous exceptions to this rule. If any insurer says it applies to you, let us know immediately.
8
You were driving someone else's car
What happens
The car claim belongs to its owner — a relative, employer or rental company. Repairs and rental are handled between the owner and the insurance company.
Your damaged belongings
If anything of yours in the car was damaged, like a phone or car seat, you can submit a claim for it. Keep receipts and photos.
General information about Louisiana claims — not legal advice.9
O'Pry Law FirmProperty Damage Claim Guide
Your checklist
Protect your claim
Do
Keep a claim folder: claim numbers, adjuster names, photos, estimates
Save every receipt — rental, towing, storage, rides
Get important answers in writing (email is fine)
Photograph your car and remove belongings before it's towed
Send us your declarations page and anything you're asked to sign
Don't
Give a recorded statement about your injuries without talking to us
Sign a release unless it says property damage only
Guess about fault, speed or how you feel physically
Leave your car in a storage yard longer than needed
Assume a long delay is normal — ask us
Key Louisiana deadlines
14 days
The insurer must begin adjusting your claim after you report it.
30 days
It must make a written offer after receiving satisfactory proof of your loss.
5 business days
Without your car longer than this because of the responsible insurer's delay? It may owe your transportation costs.
2 years
General deadline to file suit for accidents on or after July 1, 2024 (one year for earlier accidents). Claims take time — don't wait.
Deadlines have exceptions and some depend on paperwork being complete. We track the ones that apply to your file.
General information about Louisiana claims — not legal advice.10
O'Pry Law FirmProperty Damage Claim Guide
Working together
How we help
As a personal injury firm, our priority is your bodily injury claim. We also understand that property damage is often one of the most stressful parts of an accident. While car claims are resolved fastest when you and the adjuster communicate directly, we are always available to help if problems arise.
From day one, we
- Notify every insurance company that we represent you
- Get the police report and establish who was at fault
- Review offers and answer your questions
- Ask the at-fault insurer to reimburse your deductible
With the adjuster, you'll usually
- Schedule the inspection and estimate
- Choose a shop and approve repairs
- Arrange your rental car
- Send us copies of everything you receive
If your car claim gets stuck, we step in
No inspection after 14 days, no rental when you can't drive, no answers from the adjuster? Call us. We'll:
1. Check your coverage
See if you have collision coverage, which can get your car fixed without waiting on the other insurer.
2. Call both adjusters
Contact the at-fault driver's adjuster and yours to get a clear status on your claim.
3. Handle next steps with you
Whatever the adjuster says comes next, we'll help you get it done.
O'Pry Law Firm
337-500-0000
2014 West Pinhook Rd.
Suite 507
Lafayette, LA 70508
Suite 507
Lafayette, LA 70508
www.oprylaw.com
When you call about your car, have ready:
- Your name and the date of the accident
- Claim numbers from both insurers
- The adjuster's name and phone number
- Photos, estimates or letters you've received
General information about Louisiana claims — not legal advice.11
Questions about your car? Call us first.
If your property damage claim gets stuck, we'll check your coverage, contact both adjusters and help you through the next steps.
337-500-0000
Pinhook Tower, 2014 W. Pinhook Rd., Suite 507
Lafayette, LA 70508
Lafayette, LA 70508
oprylaw.com
General information about Louisiana property damage claims as of September 2026. Not legal advice.