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EMS carrying injured person on a stretcher after an accident

Making Injury Claims, Even If You Did Not Feel Hurt The Day of The Accident

After an automobile accident, you may not feel pain immediately. This may have to do with the stress, excitement and adrenaline accidents cause. Accident victims often tell the investigating police officer that they were not hurt in the accident and refuse EMS treatment. However, this does not mean that an injury was not suffered. In […]

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bicycle on it's side after being in an accident

Louisiana Bicycle Accident Insurance Claims for Injuries and Property Damage

Making a claim for damages after an automobile accident involving a bicycle is similar to making a claim for collisions involving two motor vehicles.  First, in Louisiana you have one year after the accident to make a claim for personal injuries and damages to your bicycle caused by a vehicle’s negligent driver.  Second, you will

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Phantom driving a car cartoon image

Phantom Vehicles or Miss and Runs, and Louisiana’s UM Law: La. R.S. 22:1295

Louisiana’s uninsured/underinsured motorist (UM) law is contained in La. R.S. 22:1295.  UM coverage can be utilized to pay damages when a person is injured in a car accident caused by an uninsured or underinsured driver.  But what happens when the offending driver flees the scene after the accident? In such a case, the fleeing vehicle

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UM Insurance Policy

Common Exclusions in Louisiana Uninsured/Underinsured Motorist (UM) Policies and How to Deal with Them

Louisiana attorneys handling personal injury claims against uninsured/underinsured motorist (UM) carriers will often encounter “exclusions” to coverage found in the insurance policies issuing UM coverage.  However, not all exclusions are valid.  Some violate public policy, and some are not written narrowly and clearly enough.  The following sections should help attorneys and insureds evaluate and handle

Common Exclusions in Louisiana Uninsured/Underinsured Motorist (UM) Policies and How to Deal with Them Read More »

Personal Injury Car Insurance Policy

Louisiana Lawsuits to Enforce UM Benefits: Venue, Proper Defendants, Bad Faith and Prescription

  An attorney or personal injury victim representing him or herself should keep several factors in mind when filing a lawsuit against an insurance company to enforce UM benefits. Venue A lawsuit against a UM carrier must be filed in a proper venue (parish).  A lawsuit against a UM carrier is to enforce rights under

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Car Insurance Policy Form

Be Careful of the Regular Use Exclusion in Louisiana Uninsured/Underinsured Motorist (UM) Claims

Uninsured/underinsured insurance (UM) follows the insured not the insured’s vehicle in Louisiana.  This means that if you purchased UM on your vehicle’s automobile insurance policy, your UM will cover you even when you are injured outside of the vehicle that you insured. For example, if you are injured in a Metairie car accident while riding

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Auto Incident Report

How to Obtain Crash Reports/Police Reports after a Louisiana Automobile Accident

When the shock subsides after an automobile accident, many accident victims’ attention turns to fixing their property damage.  In order to do this, insurance claims need to be made.  Police reports are valuable sources of information necessary to make insurance claims and are used by insurance companies to determine what party caused an accident. Thus,

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National Business Institute logo

Lawyer Don’s Next Speaking Engagement is November 16 and 17, 2017 for the National Business Institute’s “Auto Injury Litigation: The Ultimate Guide” Seminar

Lawyer Donald D’Aunoy Jr. will speak at the National Business Institute’s Auto Injury Litigation: The Ultimate Guide seminar, which will be held on November 16 and 17, 2017 at the Pan American Conference and Media Center, 601 Poydras Street, 11th Floor, New Orleans, LA 70170.  Click here to register. Mr. D’Aunoy will teach two courses. 

Lawyer Don’s Next Speaking Engagement is November 16 and 17, 2017 for the National Business Institute’s “Auto Injury Litigation: The Ultimate Guide” Seminar Read More »

UM Insurance Policy

Unconditional Tenders and Uninsured/Underinsured Motorist (UM) Coverage

If you are injured in a car accident caused by an uninsured or underinsured driver, you will likely be entitled to uninsured/underinsured motorist coverage (UM) if you purchased it. Your UM insurer owes you a duty of good faith and fair dealing.  Jones v. Johnson, 45,847 (La. App. 2 Cir. 12/15/2010), 56 So. 3d 1016, 121.

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