Get free answers to your Car Accidents legal questions from lawyers in your area.
i was in a car wreck May 1 2023 ... i received and email from the insurance on April 24, 2024 with a settlement agreement. However i was incarcerated from July 2 2023 until June 21,2024 . I contacted them when yesterday and they told me that now they cannot do anything because the one year has ran... View More
answered on Aug 13, 2024
Unfortunately, the insurance adjuster is correct.
Louisiana is subject to a one-year prescriptive period (or Statute of Limitations) in which a person may bring a civil action under tort law (or personal injury law), commencing from the date of the accident/injury. Once that one year... View More
My car was stolen july 4th from a parking lot i IMMEDIATELY called police and reported it. They quickly arrived & took my written statement. I knew who stole it by name. Eyewitness info or statement was not taken by police. Nor was the surveillance video from motel6 either. They never returned... View More
answered on Jul 11, 2024
There is nothing which prohibits police from properly processing auto theft charges now. Given that they know who stole it by name, why would they need to question anyone or to see the surveillance video? It doesn't look like the thief who wrecked your car is likely to be able to avoid the... View More
My daughter got into an accident was rear ended and is the other parties fault. No injuries. Insurance offered $2867 for my vehicle, which I paid $5000 for 1 week prior based on value. This is too much of a loss and I cannot afford another vehicle and only want it fixed. I don't know what to... View More
answered on Jun 27, 2024
It sounds like you have a total loss declaration on your hands. Without knowing the make, model, damages, NADA or other values, property damage adjuster's report, it's difficult to offer input. Nationwide, most states have a threshold for repair, in terms of percentage of market value.... View More
answered on Apr 25, 2024
Generally not, unless something was done to interrupt the prescriptive period (statute of limitations). In Louisiana, a person generally has one year from the date of an accident or incident to either file suit or settle their claim. Failure to do so will usually cause a person to lose their... View More
They keep using the term minor compromise for Louisiana, What is this and how do I figure this out. The Ins company also ntoed they would hire an attorney free to handle to case and present it to the judge, but thye will not allow me to talk to the laywer until we settle onan amount. It this... View More
answered on Apr 5, 2024
More information is needed here but if whoever is handling this claim on behalf of your son (since your son is legally not a party since he's a minor) is not a lawyer and/or does not have a lawyer, I strongly recommend that you contact an accident/injury lawyer to discuss options and to get a... View More
They keep using the term minor compromise for Louisiana, What is this and how do I figure this out. The Ins company also ntoed they would hire an attorney free to handle to case and present it to the judge, but thye will not allow me to talk to the laywer until we settle onan amount. It this... View More
answered on Apr 9, 2024
I hope your son is okay. Something doesn't sound right here. Insurance companies do not usually arrange attorneys for claimants - unless there are details missing here. You should reach out to attorneys on your own to try to set up a free initial consult to discuss.
The minor... View More
How long do they have in Louisiana before? I can get my truck out when I hold was placed on it in the impound
answered on Feb 24, 2024
In Louisiana, the length of time a hold remains on your impounded vehicle can vary depending on several factors, including the reason for the hold and any legal proceedings associated with the incident. Typically, if your vehicle was impounded as part of a police investigation, the hold may remain... View More
They are taking the money out of my settlement.
answered on Jan 16, 2024
In Louisiana, if your insurance company directed you to a repair shop and the car is later deemed totaled, resulting in a high bill from the repair shop, it is important to carefully review your insurance policy and the terms of the repair shop agreement. Insurance companies typically assess the... View More
I am broke and do not have the money to file this and don't know what to do on the cost
answered on Dec 20, 2023
Contact the Clerk of Court where the suit was filed/pending and tell them what you said here and ask if they have a "motion for in forma pauerpis" form for you to fill ou which is an application with the court to allow you to file your paperwork without having to pay your court costs and... View More
Body shop estimated diminished value of $7662.49. Progressive is offering $1800.
answered on Nov 1, 2023
Courts have held that diminished value is the difference between the fair market value of a vehicle before and after an accident, even if the vehicle has been repaired. The courts have also held that diminished value is a real and compensable loss.
Unfortunately, due to the nature of... View More
Body shop estimated diminished value of $7662.49. Progressive is offering $1800.
answered on Nov 6, 2023
Diminshed value is a compensable claim but the claimant must prove it. Proof of the amount of diminished value is usllay via an expert's opinion. You may want to see if the body shop will provide you (and Progressive) the calculation and rationale as to how it calculated diminished value at... View More
Body shop estimated diminished value of $7662.49. Progressive is offering $1800.
answered on Nov 1, 2023
We typically send our clients to a specialist who can quantify the diminished value. If there is a formula, the specialist would know it and be able to assist you. Per LA R.S. 9:2800.17, you may seek compensation for the diminished value of your vehicle if you can prove that your car will not... View More
Single car accident bodily injuries sustained due to hydroplane
answered on Jul 22, 2023
A Louisiana attorney could advise best, but in general nationwide in such settings, a person would not usually be covered by an accident of their own making. If there are additional details, such as an engineering issue that led to the accumulation of water, such as drainage, poor design, or other... View More
Four days after I leased a car, a driver with a suspended license and no insurance rear ended me and totaled my vehicle. I had full coverage and GAP insurance, but not uninsured motorist insurance. Is it possible to get reimbursed for all the costs that were only incurred because of the... View More
answered on May 18, 2023
Typically, if the other driver was uninsured and you did not have uninsured motorist coverage, then you cannot recover for the damages in the accident. Since you have full coverage, then you can recover the damages to your vehicle under your insurance policy's collision coverage. However,... View More
Honda Motors has been unable to provide a replacement seat belt part. I have been in contact with Honda Motors and the repair shop EVERY month and each month they say the part is coming but then gets pushed back every month. It is now 9 months and they have told me again that the part was coming... View More
answered on Apr 25, 2023
You need to contact a lawyer to discuss the specifics of your matter. I do not know if you were at fault in the accident and/or how ypour repairs are getting paid, but most lawyers who handle motor vehicle accidents will provide you a free initial consultation---use the Justia Find a Lawyer tab... View More
answered on Mar 1, 2023
A Louisiana attorney could advise best, but your question remains open for two weeks. You could review your policy and contact your insurance agent to see the scope of coverage. Depending on the policy, one option might be an uninsured motorist claim. If you have full coverage, that could be... View More
Parked outside at a friend's house, asking for help please?
answered on Feb 22, 2023
Call the police so an accident report can be generated. Take photos that capture the damage to your vehicle and where your vehicle was parked and the surroundings. Check with your friend's neighbors to see if they saw anything or took photos of the hit and run vehicle. Take your vehicle to a... View More
I bought a car December of 20, in March of 21 I ended up in some road construction work that we were being flagged to drive through. I proceeded to drive through like normal. Until my serpentine belt started squealing pretty much immediately and I asked the flag boy what was that down on the road?... View More
answered on Feb 16, 2023
A Louisiana attorney could advise best, but your question remains open for four weeks. At this point, you could try to arrange for a free or very brief consult with a local attorney to outline your options in terms of using an attorney or handling things yourself in small claims court. It's... View More
I bought a car December of 20, in March of 21 I ended up in some road construction work that we were being flagged to drive through. I proceeded to drive through like normal. Until my serpentine belt started squealing pretty much immediately and I asked the flag boy what was that down on the road?... View More
answered on Jan 20, 2023
Your post suggests that the date of incident is in the year 2021----is that correct? If so, you may be out of time as in Louisiana you have 1 year from the date of incident in which to file your tort claim. If you did file a lawsuit and you have a lawyer representing you in said lawsuit then... View More
I was drugged that night July 1st 2021 no field sobriety test no blood taken etc also this was not a charge on that night originally they upped the charges to that felony
answered on Nov 29, 2022
Please make sure that you do not miss your court date, however, if you have not already done so, then please contact a few criminal defense attorneys and hire the one with whom you are most comfortable. That is something you need to do immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.