What the Law Says
Here in Louisiana, there are several laws pertaining to car accidents that you should be aware of. These laws dictate important factors like how long you have to file a claim, how much compensation you could receive, and what the possibilities are if the car accident is partially your fault.
If you decide to file a lawsuit, you have one year from the date of the accident. Because Louisiana is a comparative fault state, more than one person can be deemed responsible for the accident. Whatever percentage the judge, jury, or insurance adjuster deems you (the injured driver) responsible for will be deducted from your reward. For example, if you're held 10% responsible and were rewarded $100,000, your reward will be deducted to $90,000.
What do you do when the adjuster assignes you fault? Or the ever popular "phantom car defense?" In these situations, often the only choice for the injured person is to either settle at a substantial discount or otherwise prepare for trial. In either situation, Bruscato Law knows how to get it done to maximize the amount recovered.
In terms of insurance, you can seek compensation from the at-fault driver's insurance company. What many are unaware of is that you can also make a claim with your own insurance company without being penalized.
Louisiana state law requires drivers to have liability coverage. The minimum coverage all drivers must carry are:
- $15,000 for bodily injury (one person)
- $25,000 for property damage
- $30,000 for bodily (two or more people)
There are also penalties on how much compensation you can receive for your accident if you were uninsured. If you didn't have insurance at the time of your injury, you'll be prevented from receiving the first $15,000 of your bodily injury reward and the first $25,000 of your property damage reward.
You may also have an even larger claim against your own insurer.