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Louisiana Car Accidents Questions & Answers
4 Answers | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: Could I go to jail for a car accident without insurance in Louisiana?

I was a passenger in my own vehicle when another person who was driving caused an accident. I don't have insurance, but the police allowed me to leave the scene without citing or charging me. No one was hurt, except for a woman who went to the hospital as a precaution. Both vehicles involved... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 25, 2025

Based on your post, I doubt you would go to jail and/or be threatened with jail. As for legal trouble, there is the possibility of traffic citations being issued to you although generally they are issued at the scene. Another possibility is a civil claim being made against you depending on the... View More

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Louisiana on
Q: Legal options for car accident injuries when insurance lapsed

My vehicle was struck by another vehicle on March 13, 2023; the other driver was at fault and received traffic citations. The accident totaled the car and injured two passengers with facial injuries and a broken hip. My mother’s insurance lapsed on March 9, 2023, and the responsible party’s... View More

Loyd Bourgeois Jr
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answered on Mar 20, 2025

Unfortunately, if the crash occurred in March 2023, the matter is prescribed - meaning your claim is lost. If the date you entered is wrong and the crash occurred recently in March 2025 - you may have options. Even though the insurance on your vehicle was lapsed and the claim may be subject to... View More

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1 Answer | Asked in Car Accidents for Louisiana on
Q: Is neighbor who backed out of his driveway and crashed into car parked across street liable for all damages?

Morning, Dec. 2024, Metairie, Jefferson Parish, Louisiana,

Car parked in front of resident’s home with passenger side tires abutting curb was struck by neighbor backing out of his double driveway across street. Crasher claims it is illegal to park across street from driveway, and wants... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 4, 2025

Liability/fault is based on a review of all of the factors surrounding the collision, but in this case, it sounds like 1 car was moving and the other car was stopped (parked) and unoccupied. If the driver of the moving vehicle acknowledges that he was aware of the parked vehicle before the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My wife was involved in an at fault accident and was sent an affidavit. Don’t know what to do!!!

As the titles says my wife was in an accident in January, it is now October. We just got a letter from the other persons lawyer requesting that she sign an affidavit saying she wasn’t doing DoorDash or anything like that, however they never asked us that before and now we don’t know what to do.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Being presented with an affidavit from the opposing attorney is usually something that serves the interests of the other side - not yours. But that's only a general premise. One would need to see the wording... View More

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: i have a bodily injury claim that they was willing to pay out on, but i was incarcerated for the last year.

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

Joseph Barron Odom Sr.
Joseph Barron Odom Sr.
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...
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2 Answers | Asked in Car Accidents, Civil Rights and Municipal Law for Louisiana on
Q: Louisiana , my local police dept failed to investigate my stolen car. Thief ended up totaling my car drunk

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Car Accidents for Louisiana on
Q: Do I have a case?

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

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Can someone who was permanently disabled from a car accident that happened 20 years ago still be compensated?
Douglas Lee Bryan
Douglas Lee Bryan
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

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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My 12 year old son was in a motocycle accident two years ago as the passenger. The Ins was to settle for bodly injury.

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

Randy Bryan Ligh
Randy Bryan Ligh
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

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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: My 12 year old son was in a motocycle accident two years ago as the passenger. The Ins was to settle for bodly injury.

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

Tim Akpinar
Tim Akpinar
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...
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2 Answers | Asked in Car Accidents and Civil Rights for Louisiana on
Q: I hit the side of the interstate and left the scene and the police impounded my truck and then placed ahold on it. How l

How long do they have in Louisiana before? I can get my truck out when I hold was placed on it in the impound

James L. Arrasmith
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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

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1 Answer | Asked in Car Accidents for Louisiana on
Q: Insur company wanted car sent to repair shop, car is totaled. Repair shop charges a very high bill, insur don't pay bil

They are taking the money out of my settlement.

T. Augustus Claus
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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

3 Answers | Asked in Car Accidents and Civil Litigation for Louisiana on
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have

I am broke and do not have the money to file this and don't know what to do on the cost

Randy Bryan Ligh
Randy Bryan Ligh
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

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3 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Louisiana on
Q: Can I sue after hitting an unmarked forklift causing costly truck repairs and income loss?

I'm an independent truck driver involved in an accident on April 8, 2025, in Geismar, where I hit a United Rental forklift parked on the shoulder. It wasn't properly marked, lit, or barricaded, creating a safety hazard. My truck had to be towed for repairs costing $52,535.84. I've... View More

David Paul Vicknair
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David Paul Vicknair
answered on May 15, 2025

You do. You have a valid claim for both property damage, lost wages, and any potential injuries which resulted from this incident. It would be advisable for you to consult with an attorney to get a free consultation and determine what the best path forward for you based on your incident would be.... View More

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1 Answer | Asked in Car Accidents, Insurance Defense, Consumer Law, Contracts and Personal Injury for Louisiana on
Q: What's the maximum charge for counseling sessions and coverage duration after a car accident?

I have started counseling sessions related to a car accident that happened some time ago. I'm seeking information on the maximum amount a counselor can charge per session and how many sessions or what duration is typically covered by insurance for mental health support related to trauma from a... View More

James L. Arrasmith
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answered on May 14, 2025

What you're doing—getting support after a car accident—is a strong and important step toward healing. The cost of counseling sessions can vary widely depending on where you live and whether your counselor accepts insurance. On average, private counseling can range from \$100 to \$250 per... View More

1 Answer | Asked in Car Accidents, Traffic Tickets, Civil Litigation and Personal Injury for Louisiana on
Q: Should I contest a $180 fine after a bike accident if witnesses say it wasn't my fault?

I was involved in a vehicle accident while riding my bicycle and was hit by a car. The police report and the driver place the fault on me, and I received a citation for failure to yield on a private roadway, leading to a $180 fine. However, a work crew that witnessed the incident stated that it was... View More

James L. Arrasmith
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answered on Apr 12, 2025

Given that you have a witness statement supporting your version of events, it may be worth contesting the ticket. The police report may not fully reflect the witness accounts, and if the crew who saw the incident can testify that the driver was at fault, this could strengthen your case. It’s... View More

1 Answer | Asked in Car Accidents, Traffic Tickets, Civil Litigation and Personal Injury for Louisiana on
Q: Should I contest a bicycle ticket in court with a witness statement?

I was hit on my bicycle by a driver who claimed she didn't see me while I was crossing the roadway from a restaurant parking lot. Before I made it to the other side, I was struck. The police officer issued me a $180 ticket for failure to yield in a private driveway without speaking to me or... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a tough spot, especially since the ticket was issued based on the driver’s word without further investigation. Since you have a witness statement from someone who saw the incident, it’s worth considering contesting the ticket in court. If the officer didn’t take... View More

1 Answer | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: What to expect in court for accident in 2019 with suspended license, no insurance?

I was involved in a car accident in Louisiana in 2019 while driving with a suspended license and without insurance. Due to COVID-19, the court proceedings were delayed, but I am now required to appear in court in 2025. The other party's car was totaled, and I still have no car, money, or... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely understandable to feel anxious walking into court for something that happened years ago, especially with everything that’s happened since. In Louisiana, driving with a suspended license and no insurance is taken seriously, but since you haven’t been in trouble before and there... View More

1 Answer | Asked in Car Accidents, Civil Rights and Insurance Bad Faith for Louisiana on
Q: I had a car that was wrecked and paid by insurance. I got a letter that said stop payments. Put it in my name gotsued

Has a car accident, insurance paid. Got a letter from sf that said do not make anymore payments. Put it in my name. I owned the car. 2 months later i got a letter that said i had about 5 days left to pay the full balance left on the car because the insurance company changed something. Sf sued... View More

James L. Arrasmith
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answered on Jan 18, 2025

Based on what you've described, there are several important legal considerations to unpack here. The key issue seems to be whether SF had the right to pursue legal action after telling you to stop payments and apparently transferring the title to your name.

Insurance companies can...
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1 Answer | Asked in Car Accidents for Louisiana on
Q: My rental car caught on fire. Fortunately, don't have any physical injuries. Can I file some sort of claim for items?
Tim Akpinar
Tim Akpinar
answered on Jan 1, 2025

A Louisiana attorney could advise best, but your question remains open for a month. You could look into whether there was coverage for personal property loss/damage. If applicable, these coverages are often limited in scope. Good luck

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