Article By: Britney L. Hebert – Attorney at Law
When your car or property is damaged in an accident, you expect your insurance company to step up. Unfortunately, many insurers use delays, confusing paperwork, and lowball offers to avoid paying what you’re truly owed. The good news: Louisiana law gives you powerful rights in property damage claims—but insurers don’t always want you to know them.
How Long Does the Insurance Company Have to Pay?
Under Louisiana Revised Statute 22:1892, insurers must pay property damage claims within 30 days once you’ve provided satisfactory proof of loss.
If the insurer delays payment without a valid reason, they may be subject to penalties. Simply put: once you’ve sent proper documentation, the clock starts ticking.
📚 Statutory Authority: La. R.S. 22:1892
What Counts as “Satisfactory Proof of Loss”?
“Satisfactory proof of loss” doesn’t mean jumping through endless hoops. It means giving the insurer enough information to reasonably evaluate your claim. This often includes:
- A repair estimate or quote from a shop
- Photos of the damage
- A police report, if available
- Documentation showing the extent and value of the loss
Insurers cannot deny your claim simply by saying the paperwork isn’t “good enough” when they already have what they need to make a fair decision.
Total Loss Claims: Getting a Fair Valuation
If your car is declared a total loss, you are entitled to its actual cash value (ACV) on the date of the accident. Insurance companies often use databases like Kelley Blue Book or NADA to estimate this, but their first offer may be lower than what your car is worth.
👉 You have the right to question and negotiate the valuation. Don’t accept a lowball settlement without reviewing the numbers.
Choosing Your Repair Shop and Rental Car Rights
Louisiana law protects your choices after an accident:
- Repair Shop: You have the right to select your own repair shop. The insurer may recommend a “preferred shop,” but they cannot force you to use it.
- Rental Car: If your vehicle is being repaired or replaced, the insurer may be obligated to provide a rental vehicle—depending on your policy and the circumstances.
Document all expenses, including rental costs and repair receipts, to avoid disputes.
What to Do If the Insurance Company Refuses to Cooperate
If your insurer delays, undervalues, or unfairly denies your property damage claim:
- Keep detailed records of all communication and documents.
- Request written explanations for any denial or delay.
- File a complaint with the Louisiana Department of Insurance if necessary.
- Consult an attorney if the insurer continues to withhold what you are owed.
Remember: the law is on your side, and insurers face penalties for failing to comply.
FAQs About Property Damage Claims in Louisiana
How long do insurers have to pay property damage claims?
They must pay within 30 days after receiving satisfactory proof of loss.
Can the insurer choose where I repair my car?
No. You always have the right to select your repair shop.
What if my vehicle is totaled?
You’re entitled to the fair market value at the time of the accident, not just what the insurer offers.
What happens if the insurer delays payment?
They may be subject to penalties under La. R.S. 22:1892.
Final Takeaway
Insurance companies may try to delay, undervalue, or deny property damage claims—but Louisiana law gives you the upper hand. Know your rights, keep records, and don’t settle for less than you deserve.
Has your insurance company delayed or undervalued your property damage claim? Don’t let them get away with it.
Contact Glenn Armentor Law Corporation today for a free case review. Our attorneys will explain your rights, hold insurers accountable, and fight to get you the compensation you’re owed.
