FOR YOUR INFORMATION TIDBITS

FOR YOUR INFORMATION TIDBITS

Louisiana requires all drivers to be insured at a minimum liability insurance limit of $15,000 per person and $30,000 per accident. That means, if you are injured at the fault of a driver that has insurance in Louisiana, there’s at least $15,000 for you to recover from. If there’s more than two injured parties who can make a claim, the amount will likely be prorated if the total of $30,000 is exceeded.

Louisiana is a No Pay/No Play state. That is, if you don’t have auto insurance on your vehicle, you are barred from recovering the first $15,000 towards your personal injuries and $25,000 towards your property damage. For example, if you are injured at the fault of another and you don’t have auto insurance on your vehicle and your bodily injury damages total $14,500 and property damage total $5,000, you will not be able to recover anything for your bodily injury damages which are less than $15,000 or for your property damage which is less than $25,000. If your bodily injury damages total $100,000 and property damage total $10,000, you will be entitled to recover $85,000, assuming there’s a sufficient insurance policy, and still nothing for your property damage.

Louisiana require all automobile insurance companies to provide uninsured/underinsured motorist benefits to their insured UNLESS it’s specifically waived properly. That is, when you get an automobile insurance policy, UNLESS you tell the insurance company you don’t want uninsured/underinsured motorist benefits and sign a rejection form, your policy includes those benefits.

Louisiana prohibits insurance companies from raising your premiums for any non-fault accident. That is, if you are not at fault for an accident, whether you report it to your insurance company or not, they can’t use that accident against you to raise your premiums.
Louisiana prohibits insurance companies from raising your premiums, dropping you as an insured or doing anything to your detriment as a result of you making a claim for uninsured/underinsured motorist benefits under your policy or a policy under which you are an insured.
Ridesharing companies (Uber/Lyft) are required by Louisiana law to carry $1,000,000 in liability and underinsured motorist benefits when a driver has a paying fare inside the vehicle. That is, if you are hit by a ridesharing company when they have a paying fare inside of the vehicle or you are yourself a paying fare inside the vehicle, there’s at least $1,000,000 in available policy limits at your disposal.

Ridesharing companies (Uber/Lyft) are required by Louisiana law to carry $50,000 per person and $100,000 per accident in liability and underinsured motorist benefits when a driver is on the app though doesn’t have a paying fare inside the vehicle. That is, if you are hit by a ridesharing company when they are on the app, or you yourself is a driver that has the app on, there’s at least $50,000 per person and $100,000 per accident in available policy limits at your disposal.

Always request a police report. While you may believe that your accident is clear cut and the driver has admitted to you they are at fault, a police report locks them into that story which prevents them from changing their story when they talk to the police. Further, it protects you in the instance when the at fault driver doesn’t respond to his insurance company request for a statement. Without the statement, the process could be delayed. When you have a police report and they aren’t responding to their insurance company, they will typically follow the police report.

Medicaid and Medicare ARE entitled to be paid back for any benefits extended as a result of a 3rd party at fault accident. If you respond to the ER after an accident and Medicaid or Medicare pays for your medical bills, they will send us a Notice of Lien which we are required to pay out of the proceeds of your settlement.

If you have private health insurance, they are often not billed when you have an auto accident or if they are billed, they often want to be reimbursed for any monies they have paid as a result of a 3rd party at fault accident.

X-rays are only beneficial in showing if there’s any broken bones and/or fractures. If you are injured in an accident and only undergone an X-Ray, which came back clean, that doesn’t mean you don’t have serious injuries. Trauma related injuries often present fractured and/or broken bones but quiet often the accident causes injuries which are undetectable by a normal X-Ray.

Louisiana has a multifaceted system in place for accidents. You must not only prove that someone is “at fault” (liable) for an accident in order to recover. In addition to liability, you must prove that you suffered damages (harm) and that those damages were caused by the at fault accident.

If you are injured by a drunk driver, you are entitled to punitive damages, which by their definition are for punishment. A court could aware you a multiple of your pain and suffering and medical bills as a penalty to the drunk driver.

CONTACT A NEW ORLEANS PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a New Orleans lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A RUSTON PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Ruston lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A MONROE/WEST MONROE PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Monroe/West Monroe lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

2019-03-25T19:43:10+00:00 March 25th, 2019|

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