One of the most frequent questions I get asked is: Which insurance company should I go through to handle my property damage after an accident? My own company or the insurance company for the person who hit me?
I’m a Louisiana auto injury attorney here to explain.
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Each instance where someone suffers injuries as a result of an auto accident is unique, but there is one thing that is common in many if not most such accidents, and that is the need to interact with one or more insurance companies in order to get compensation for your injuries. Insurance companies, of course, do not desire to pay out any more in claims that they absolutely must, so getting the payment you deserve may involve several steps, including going to court. Whether your pursuit of payment from an auto insurance company requires going all the way to trial or not, getting the payment you deserve from an insurer is often enhanced by having representation from a knowledgeable and diligent New Orleans auto accident attorney.
Sometimes, a case may even involve multiple insurance companies. J.H. was a truck driver for a Lafayette-based transportation and logistics company and was hurt in a 2013 on-the-job auto accident. When you are injured in an auto accident that took place while you were on the clock, your case potentially can be somewhat complex, because it may involve multiple people and entities. Very likely, you will sue the other driver in the accident and perhaps that driver’s auto insurance company. (If that driver was working at the time of the accident, then the legal action may also include that driver’s employer and the employer’s insurance company.) You may additionally need to name your own insurance company in order to obtain payment under your policy’s underinsured/uninsured motorist (“UM”) coverage, and the insurance company of your employer in order to pursue payment under that policy’s UM coverage, as well.
UNINSURED & UNDER-INSURED (“UM” & “UIM”) MOTORIST COVERAGE IN LOUISIANA
One of the most beneficial types of auto insurance coverage to have in Louisiana is uninsured motorist coverage. You can call on this coverage in your auto insurance policy when you are not at fault for the accident and have sustained damages caused by another driver who has no insurance, or whose insurance limits are insufficient to cover your damages. You can also use your uninsured motorist coverage if you are the victim of a hit and run accident or if you are injured by a vehicle as a pedestrian. Uninsured motorist coverage and under-insured motorist coverage is the same thing in Louisiana, so if you have uninsured motorist coverage you also have under-insured motorist coverage. This type of coverage is abbreviated as “UM” or “UIM” insurance. Any claim made under this insurance is known as a nonfault claim.
Many people who are involved in auto accidents wonder how their health insurance may come into play if they need treatment, or, if they used their health insurance to pay for treatment relating to an auto accident what will happen to their medical bills. This blog entry will also discuss other avenues available under your auto insurance policy to recoup expenses paid toward medical bills relating to an auto accident. This blog entry is written by attorney Hannah Salter at the Cardone Law Firm. The purpose of this blog entry is to explain some of the basics relating to health insurance and auto accidents and the current state of affairs as they stand in Louisiana today.
AUTO INSURANCE – MEDICAL PAYMENTS COVERAGE
The title of this blog is misleading because I don’t believe people can get more money for their auto accident without hiring an attorney. I am a prime example of this. When I just started my legal career (less than 6 months after being licensed), I was working at an insurance defense firm and I was involved in an auto accident that was not my fault. I only had minor soft tissue injuries. Being a young attorney, I was advised not to file a lawsuit since I only had minimal injuries, and if I did file a lawsuit, I was advised it may look bad since I would be suing insurance clients our law firm did business with at the time. I opted to not file a lawsuit, or hire a private attorney and I tried to handle my own claim individually and under the radar in the claims process, since after all – I was an attorney!
I’ve learned a lot since that time and I am going to share with you my true and real experiences and my unbiased advice.
Video footage may seem like standard evidence only in criminal cases, but the truth is that video footage can also help you when an insurance company tries to call foul in your truck accident claim.
While dashboard cameras in passenger cars are technically illegal in the state of Louisiana because of windshield obstruction, that doesn’t mean that the potential to protect yourself is limited. There are still a number of viable legal options you may have regarding video footage and your New Orleans attorneys at the Cardone Law Firm can help you uncover exactly what these are.
You’re a responsible individual. You try your best to avoid accidents while making sure to pay your insurance premiums. Whether it’s auto, health, or life insurance, you expect your company to be there when you need them most.
You honor your responsibility in the contract and expect your insurer to honor theirs. But that isn’t always the case and a recent investigation into insurance giant Aetna proves it.
It’s no surprise many are out and about shopping during the holiday season. Parking lots and garages during the holiday season present higher risks because of the increased flow of traffic and heavier influx of distracted shoppers. This is evident by the unfortunate pedestrian auto accident in New Orleans, Louisiana which occurred recently.
On December 21, 2017, WWL reported a pedestrian was struck by a vehicle at Lakeside Shopping Center (commonly referred to as Lakeside Mall) in the parking lot causing severe bodily injuries and causing her to fracture her skull. According to the Jefferson Parish Sheriff’s Office, the individual driving the vehicle fled the scene following the accident. Witnesses were able to capture a photograph and identifying information on the vehicle which was a 2008 Nissan Armada bearing Louisiana license plate number YRX913. The matter is still under investigation and anyone with information is encouraged to call the Jefferson Parish Sheriff’s Office traffic division at 504-598-5880 or CRIMESTOPPERS at 504-822-1111.
The evaluation process of your personal injury claim is one of the most crucial moments following a car accident. It is at this point that the insurance company will determine how much your injuries are worth.
Of course, every personal injury claim is different, and each insurance company handles their claims differently. There are, however, some general procedures that most insurance companies will follow regarding a personal injury claim.
You’ve been hit by another person in an auto accident. Anytime this happens, it is stressful. When the driver who hits you is also uninsured, the stressfulness is that much higher. While you undoubtedly have much on your mind during this time, it is important not to overlook your potential legal case. Insurance companies often will do everything they can to minimize their payouts, so you should do everything you can to ensure you get a fair recovery, including working with knowledgeable Louisiana car accident counsel. By working with skilled counsel, you may find you have more options than you’d think.
One recent example of this involved a man named Brandon, who was injured when he was involved in a three-vehicle accident in the summer of 2013. At the time, Brandon was driving a vehicle that he owned and that he insured. The driver who hit Brandon was uninsured. Brandon filed a claim with his insurer, and the insurer allowed Brandon to receive an amount equal to the policy limit of his uninsured motorist coverage.
Louisiana Injury Lawyers Blog