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

Louisiana law, Property Damage, UM insurance coverage

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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Anatomy of a Personal Injury Case: A Louisiana Attorney’s Perspective

Louisiana law

People often call me to determine whether they have a personal injury case. There are three factors that must exist in a personal injury case for it to work. Those three factors are: 1) injury; 2) fault; and, 3) ability to pay. These three factors must exist whether the case involves a Metairie car accident,

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

Louisiana law, UM insurance coverage

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 »

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

legal tips, personal injury, Practice and Procedure, UM insurance coverage

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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Medical Payments (Med Pay) and the Timeline to Pay In Louisiana Insurance Claims

car accidents, Louisiana law, medical treatment, UM insurance coverage

Louisiana automobile insurance companies have 30 days after receiving satisfactory proof of loss to make unconditional tenders in UM claims. See La. R.S. 22:1892. This same timeline governs Medical Payments or Med Pay claims. Med Pay is coverage for medical bills arising out of an auto accident. Generally, this coverage, when purchased, covers the insured’s

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Rejecting Uninsured/Underinsured Motorist Coverage (UM) in Louisiana

UM insurance coverage

A Louisiana insured’s auto liability insurance policy will include UM coverage at the same limits as the bodily injury liability coverage in the policy, unless the insured properly completes and signs a form prescribed by the Commissioner of Insurance rejecting, selecting lower limits, or selecting economic-only coverage. La. R.S. 22:1295. Thus, a person buying an

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

UM insurance coverage

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

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

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

Events

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 »

Unconditional Tenders and Uninsured/Underinsured Motorist (UM) Coverage

car accidents, Louisiana law, UM insurance 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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Making A Claim Against Your Employer’s Automobile Insurance Company for UM: Yes You Can!

car accidents, Louisiana law, UM insurance coverage

Typically when you are hurt on the job, your only recourse against your employer is under the Louisiana Workers’ Compensation Act. See La. R.S. 23:1031. You cannot typically sue your employer for tort damages like pain and suffering when you are hurt on the job. See La. R.S. 23:1032. Your only remedy against your employer

Making A Claim Against Your Employer’s Automobile Insurance Company for UM: Yes You Can! Read More »

UM insurance

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

Anatomy of a Personal Injury Case: A Louisiana Attorney’s Perspective

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

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

Medical Payments (Med Pay) and the Timeline to Pay In Louisiana Insurance Claims

Rejecting Uninsured/Underinsured Motorist Coverage (UM) in Louisiana

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

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

Unconditional Tenders and Uninsured/Underinsured Motorist (UM) Coverage

Making A Claim Against Your Employer’s Automobile Insurance Company for UM: Yes You Can!

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