Articles Tagged with insurance coverage

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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Cardonelawfirmblogpostinjurylawyerphonecardone-300x300In your auto accident case, you may have many separate factors that go into achieving the outcome you need. Certainly, collecting enough proof to show that you’ve been injured, that another person was negligent, and that their negligence caused your injuries is part of this equation. It may not necessarily be everything, though. In some cases, it is about making sure that you get the right defendants included in your case, such as the at-fault driver’s insurance company. In one recent case, the plaintiff achieved this result by successfully persuading a Louisiana trial court and appellate court that an insurer couldn’t keep accepting a driver’s premium payments and then refuse to cover that driver.

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