Articles Posted in Auto insurance

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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.

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cardonelawfirmautoaccident-300x200If 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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hip x-rayWhen you’re injured in an auto accident, there are many challenges and difficulties you’ll face. First and foremost, there is simply recovering from your injuries. Hopefully, you won’t face the added stress of an insurance company that owes you payment on a claim but doesn’t pay. However, if that does happen, the law may give you certain options for damages against that insurer for bad faith. In the recent case of one injured woman, the Louisiana Court of Appeal upheld a finding of bad faith and an award of damages in her favor.

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cardonelawfirmautoinsurance-300x200It is illegal to drive without a valid driver’s license. It is also illegal for you to give permission to person to drive your vehicle who does not have a valid driver’s license. However, just because it is illegal, does not mean people do not do it all the time.

At our office, we have recently seen an influx of auto accident cases where individuals were hit by a driver who was driving a vehicle with a suspended license. A suspended license is like having no license at all under the law. A person’s license can be suspended for many reasons. Often our clients who were hit by a driver with a suspended license to not even realize it until they see a copy of the police report.

The question for many of our clients becomes, Will the insurance company pay for my injuries and my property damage that this unlicensed driver caused me? The short answer is, likely yes, but it depends. It is likely the auto insurance company will be required to pay for a person who was injured or sustained property damage in an accident with an unlicensed driver.

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