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Louisiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Louisiana on
Q: Tree from apartment complex fell on my car. Can I sue?

I was parked at an apartment complex and a tree from their property fell on my car. The owner of the duplex next door said he saw it leaning and had told the leasing agency of the apartments that it was dangerous and needed to be cut.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 30, 2020

Absolutely. The property owner is 100% liable for the damage caused by trees on the owner's property

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: What does it mean when your court case status is DLF or TVB?
Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

A Louisiana attorney would know this best, but your post remains open for four weeks. As a general abbreviation across the nation, TVB could mean Traffic Violations Bureau. 'Not sure about DLF. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Louisiana on
Q: Recieved a DWI with that i totaled out my son car.I had to get screws and plate put in my left hand due to accident.

Can I sue the insurance company for my injuries.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

You already asked this question.

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: I went out drinking and totaled my sons car.I also had to have surgery on my hand. Can i sue the insurance company?

Car was paid for he got blue book value.But my hand I had to get screws put in my hand

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

I'm assuming you got a DWI? If not, you can sue your son and his insurance company. Watch his rates sky rocket.

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1 Answer | Asked in Personal Injury, Car Accidents and Probate for Louisiana on
Q: In a Superseding and Amended Petition, does the Plaintiff have to state everything that is in the original petition, or

or just the changes being made?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

An attorney needs to look at both documents to tell you.

1 Answer | Asked in Car Accidents for Louisiana on
Q: if settle with at fault drivers insurance company in auto wreck does that mean then we can NOT file with my UM?

Attorney is saying we now have to pay his PI to get affidavit from at fault driver stating that is only insurance he or owner of vehicle he was driving has Also is telling us he can not disburse the check he already got from at faults insurance until get this affidavit and if he does disburse it... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 9, 2020

There is a set off. So for instance IF the fault driver had $100,000 and you had $50,000 UM and you settle with the fault driver for $85,000, THEN the most you can get from your UM is $35,000 (cause you walked away from $15,000 of the fault driver's coverage). ALL medical care providers and... Read more »

1 Answer | Asked in Products Liability, Appeals / Appellate Law, Car Accidents and Civil Rights for Louisiana on
Q: Along w/ the new year came new a new job Opportunity. Last march I was hospitalized w/ a less than 1% chance

Therefore, I missed tons of work And fell behind financially. However, I had just about enough saved up to re insure my car (which is currently parked in my driveway). A friend of my bf throws his truck into reverse and SLAMS into my rt fender/rim! Hand enough to bend my strut and cause... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Louisiana attorney would be able to advise you best on this, but your post remains open for a week, and is probably causing continued financial problems for you at this point. You could see if a Louisiana accident attorney would offer you a free consult to review the file to see if there is... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: Why is my license being suspended? I recieved a notice with the code 32.414 as the reason.

I was involved in an accident and I plead guilty to the accident and paid my fines. Now I have recieved a notice about a suspension of my license. I have to drive for a living, is there anything I can do? I really am not sure why it is being suspended.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 27, 2020

DMV suspended you for either DWI or negligent injury. Contact your traffic court attorney.

1 Answer | Asked in Car Accidents and Small Claims for Louisiana on
Q: We are suing a mechanic in Small Claim for loss of wages due to his negligence. If thats the word.

The car was in a single car accident. The mechanic advised we file an insurance claim so they can pay for most of it. We did. He said he fixed the car and we paid the deductible and left. After leaving the car broke down again not far from his shop. Brought it back and he said that the car is now... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 30, 2020

No one can really say with any degree of certainty which way something like this would go. While there is little to hold anyone back from commencing a lawsuit as a general rule, the course it takes could be another matter. Would a judge ask what steps were taken to mitigate damages? Would the first... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Louisiana on
Q: If your settlement is 100,000 and you pay 1/3 percent and 2/3 percent out of the 100,000 how much should be left.
Tim Akpinar
Tim Akpinar answered on Jan 29, 2020

This is something you need to discuss with your attorney in Louisiana, but your post remains open for a week. If your settlement is $100,000 and you pay 1/3 (presumably for attorney fees), the remainder would 2/3 of $100,000, or $66-plus thousand dollars. But you really need to speak to your... Read more »

1 Answer | Asked in Car Accidents and Workers' Compensation for Louisiana on
Q: Involved in a not at fault mva while in my person vehicle on the job.

Is it legal for workers comp adjuster to have you do mediation and sign papers right after anesthesia? Is it legal for an attorney to have you sign papers while heavily medicated? Is it legal for an attorney to threaten your career and tell you not to go to trial because the big company will eat... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 4, 2020

You really need to discuss this situation with a Louisiana attorney because it is fact-intensive, but your post remains open for three weeks. You raise a number of compelling issues that go to the matter of whether you had full capacity when you signed. The only way to demonstrate the validity of... Read more »

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Louisiana on
Q: In an hit and run when accused has left the scene of the crime who is responsible for the damage?

The person who hit my car gave fake information to the officers and had no insurance. They have no license either.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 4, 2019

That's what your UM insurance is for, unless it was a minor or using an insured driver's vehicle.

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2 Answers | Asked in Car Accidents for Louisiana on
Q: If I’m on my way home on my street and I try to reverse into my driveway and a vehicle runs into me am I in the wrong?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 31, 2019

Unless you had your turn signal on as you tried to back into your driveway, yes, you are at fault and your insurance company may be sued.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: If engaged and my husband was in accident and we got married and no will am i entitled to money he got if he passed away

my husband was in an accident a few months before we got married and has a lawsuit. if he passed away and there is no will , am i entitled to any of the money he is awarded?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 25, 2019

You need to contact a successions attorney if the claim was made or suit was filed in Louisiana.

2 Answers | Asked in Car Accidents for Louisiana on
Q: do i have to pay medicade back out my lawsuit if they didn’t send me a bill

if i had a car accident an the lawyer paid the doctors who did my surgry out my settlement an the lawyer was waiting to see if medicade was gone pay my hospital visit an they did but never sent me a bill an they say they waitin on quick leans to see if i owe anything

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2019

Medicaid doesn't miss liens. They will have to be repaid out.of your settlement.

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1 Answer | Asked in Car Accidents and Consumer Law for Louisiana on
Q: I was lied to during the purchase of the car I just bought. I point blank asked the seller if it flooded and he said

Absolutely not! After paying tax title license n doing several repairs along with getting new tires after an almost fatal blowout, I get a notice saying it's been flooded n I can't get a license plate which also means I can't get an inspection sticker. I can't drive a car I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 31, 2019

Hire a lemon law attorney

1 Answer | Asked in Car Accidents for Louisiana on
Q: 17 year at fault car accident...will her license be suspended?

She ran into the back of a semi truck and received a traffic violation of following too close.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 30, 2019

No her license will not be suspended

2 Answers | Asked in Car Accidents for Louisiana on
Q: I was in a car accident that wasn’t my fault. I’m financing the car & I don’t have insurance. Can I still file a claim

What else could happen if I’m financing an uninsured car ? & someone hits me because they ran the stop sign.

Peter N. Munsing
Peter N. Munsing answered on Aug 29, 2019

Yes. You should contact a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened--they give free interviews.

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1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Can I go to jail for supposedly running from police and leaving the scene of an accident I was never at nor knew about?

According to police. 2 motorcyclist ran from a cop, one rider (me) turned left at a round about. The other rider kept straight and the cop followed him allowing me to get away. Shortly after I turned, police say the other rider crossed the double lines and was killed from a head on collision with a... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 30, 2019

You can be charged with anything. Whether you will be convicted is another story. Hire a criminal attorney to review the evidence.

3 Answers | Asked in Car Accidents for Louisiana on
Q: Trying to settle with Geico insurance company,can i after going to Chiropractor

Cause I went get a lawyer and he asked for me to keep going to Chiropractor to receive payment for car accident

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 27, 2019

You need a lawyer to settle this case for you. You do not give enough details for your question to be answered.

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