Articles Posted in Auto insurance

uninsuredclaim-300x200UNINSURED & 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.

Uninsured motorist coverage is relatively inexpensive compared to the cost of liability coverage. Although the cost of uninsured motorist coverage has been increasing like all other auto insurance rates in Louisiana, comparatively speaking, uninsured motorist coverage is worth the cost considering the rising number of individuals driving without insurance because they cannot afford to pay their premiums. When I say uninsured insurance coverage is relatively inexpensive, I will give you my own personal frame of reference. For my Louisiana auto liability coverage, I personally pay $817.00 per year in premiums. For my uninsured motorist coverage, I pay $157.70 per year in premiums. To see if you have uninsured motorist coverage, you should check the declarations page of your auto insurance policy which you can download online or which you can get from your insurance agent.

cardonelawfirmhealthinsurance-300x200Many 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

Before we start talking about health insurance, I would first like to discuss medical payments coverage in your auto insurance policy. Medical payments coverage in your auto insurance policy pays for medical expenses related to an auto accident even if you were at fault for the accident. In many cases, people are not aware of this important coverage benefit which they have been paying for because auto insurance companies do not bring this benefit to the insured’s attention. However, medical payments coverage is not included in every auto insurance policy. To determine whether you have medical payments coverage, you need to review the declarations page of your auto insurance policy.

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.

  • RULE 1: It’s really about luck of the draw with adjusters.

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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.

If you’ve been injured in an accident with a commercial truck, you don’t have to fight alone. Trust in the dependable team at Cardone Law Firm to help you obtain the recovery that is rightfully yours. Below you’ll find information regarding video footage that can help you in your truck accident case.

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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.

Your New Orleans car accident attorneys at Cardone Law Firm have extensive experience helping clients when their insurer has failed them. No amount of profit or stock shares should ever come before a client and we’ll make sure you obtain the recovery that is rightfully yours.

people-2568530_1920It’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 pedestrian injured at Lakeside is likely facing lifelong injuries and mounting medical bills. The pedestrian has many legal rights in this situation. As opposed to discussing the criminal aspects of this case, we will discuss the injured individual’s path to full compensation. First, one must address whether the driver and/or owner of the hit and run vehicle will be found. As witnesses were able to capture the license plate number of the vehicle, the owner of the vehicle will likely be located very promptly by the investigating officers who will be able to identify the owner through the Louisiana Office of Motor Vehicles database. If the owner was the driver of the vehicle, the driver’s/owner’s auto insurance policy will be the first insurance policy to come into play.

insurance-claimThe 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.

Unfortunately, these “standard procedures” are not always created to best serve the client. Far too often, insurance companies refuse to pay out or will undervalue personal injury claims for any number of reasons.

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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.

In many situations, the policy limit of your uninsured motorist coverage may be far less than the total amount of damages you suffer as a result of harm caused by an uninsured driver. In these situations, it pays to understand exactly what the law allows you to do to obtain recovery for all of the harm that you’ve suffered.

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A Christmas Day 2014 multi-vehicle interstate highway accident northwest of New Orleans provides a clear example of how auto accident cases are not always what they may initially seem. What started out, allegedly, as a pair of straightforward collisions ended up involving multiple additional parties, reconventional demands, and third-party demands. Your injury case, like many things in life, may be unpredictable, which is why you should always be prepared and have skilled Louisiana car accident lawyers on your side from the start.

The injuries that led to litigation in this instance took place along Interstate 10 in Jefferson Parish. According to the complaint filed by the original plaintiff, Eldridge, a vehicle driven by Max rear-ended him. That impact allegedly spun Eldridge’s vehicle such that it came to a stop perpendicular across two lanes of traffic on eastbound I-10. A motorcycle driven by David subsequently passed through the area and allegedly hit Eldridge’s vehicle. The impacts resulted in Eldridge suffering injuries.

Eldridge, however, wasn’t the only person injured in the crash. David had suffered harm too. David, in fact, submitted a filing in the case that asserted that he was not liable to Eldridge and that a third party had caused him to crash. Specifically, according to David’s version of the facts, Max hit Eldridge, and, while both cars were stopped along the interstate highway, Shahid (an uninvolved driver) stopped to offer assistance. As David approached the accident site, Carrie, who was Shahid’s passenger, exited Shahid’s car, which led to David colliding with her. That impact allegedly threw David from his motorcycle and caused his unmanned motorcycle to collide with the door of Eldridge’s car. Based upon this version of the accident, David named Carrie as a third-party defendant liable to him for the injuries he suffered.

legalnewsIf you suffer an injury in an auto accident, there are many challenges that may lie ahead of you. Unfortunately, battling with an insurance company can sometimes be one of them. That is one of many areas where an experienced Louisiana auto accident attorney can help you – by using the tools available in the legal system to give you every chance to get what’s coming to you. In the case of one woman and her stepson, who were rear-ended at a traffic signal, the Louisiana Court of Appeal revived their lawsuit, concluding that the insurer had not submitted the right type of evidence to prove that a valid cancellation of the at-fault driver’s insurance policy had taken place before the accident occurred.

On June 1, 2015, the woman was driving on Florida Boulevard in Baton Rouge when she was rear-ended while stopped at a traffic light. The driver, along with her stepson (who was a passenger in the vehicle), sued the driver who rear-ended them, as well as that driver’s auto insurance company.

The insurance company, in its defense, argued that it could not be liable for the plaintiffs’ injuries. The policy it had issued to the at-fault driver was financed through a third-party company, and, since the driver had fallen behind on his payments to the finance company, the insurer had canceled the policy a week before the accident took place.

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