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The Law Office of Tony Morrow

What Is Comparative Negligence And How Could This Impact My Auto Injury Personal Injury Case In Louisiana?

Louisiana is a comparative fault state, which means if there is an accident, a percentage of fault may be attributed to each party, with the maximum being 100 percent. For example, if you were rear-ended while at a stoplight and could not have done anything to avoid being rear-ended, then 100 percent of the fault would fall on the party who rear-ended you. However, in a different situation a percentage of fault could be attributed to you, then your award would be reduced by that percentage.

Should I Notify My Own Insurance Company When I’ve Been In An Accident? Am I Responsible For Notifying The At-Fault Party’s Insurance Company As Well?

You’re not responsible for notifying the at-fault party’s insurance company, however, it would be beneficial to go ahead and call them to get a claim setup. In addition, you may not necessarily be required to notify your own insurance company. You would want to notify your insurance company if you anticipate collecting any funds. If you plan on using Med Pay, then it would be a good idea to contact your insurance company. However, you should not provide a statement; simply give them your name and advise them of what occurred.

What Do I Do If The At-Fault Party Who Hit Me Has Very Little Or No Insurance?

The minimum in the state of Louisiana is a 15/30 policy. Insurance companies in Louisiana do not have to tell you what the other party’s insurance limits are, which is an issue that we deal with frequently. In many cases, we just end up filing suit very quickly because we do not want to put our client in danger of running up $30,000 in medical bills and only have $15,000. We will consider the type of vehicle involved, clues about the at-fault party’s insurance coverage, and whether our client has Med Pay, another a type of insurance that will provide immediate funds for medical bills.

We will also determine whether our client has uninsured/underinsured motorist (UM) coverage. This type of coverage would apply if the at-fault driver had no insurance or is underinsured. Some people will purchase a policy with Louisiana’s minimal required limits of 15/30, which means they would only have $15,000 available.

What Do You Say To People Who Assume That If Liability Seems Clear, Then They Don’t Need An Attorney To Help With Their Case?

While it’s absolutely possible for someone to handle their own auto accident claim, most people aren’t aware of the many factors involved, such as Med Pay, UM coverage, liability, lost wages, loss of earning capacity, reasonable amounts for pain and suffering for particular types of injuries, and whether their insurance policy will cover the hospital bills associated with the accident. Studies have shown that although an attorney is going to take their fee, people virtually always recover much more when they hire an attorney than when they do not. In other words, attorneys almost always pay for themselves.

For more information on Auto Accidents In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 240-6697 today.

Tony Morrow, Esq.

Call Us Now For A Personalized Case Evaluation
(337) 240-6697