Bossier City, LA asked in Insurance Bad Faith for Louisiana

Q: With the revised statute 9:2800.17 does that also apply to hail damaged vehicles?

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: That is a good question. I am inclined to say that unless you can show the the damage caused by the hail was due to the negligence of a 3rd party, then there is no recovery for diminution in value claim. Another way to look at this is that if you are making the claim against your own insurance (collision), then then 9:2800.17 does not apply. If you are making the claim against another person's insurance (liability claim), then you can seek damages under 9:2800.17.

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