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Louisiana Car Accidents Questions & Answers
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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4 Answers | Asked in Car Accidents for Louisiana on
Q: In Louisiana is there a formula for determining diminished value in an automobile accident?

Body shop estimated diminished value of $7662.49. Progressive is offering $1800.

Clifford Cardone
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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

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4 Answers | Asked in Car Accidents for Louisiana on
Q: In Louisiana is there a formula for determining diminished value in an automobile accident?

Body shop estimated diminished value of $7662.49. Progressive is offering $1800.

Randy Bryan Ligh
Randy Bryan Ligh
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

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4 Answers | Asked in Car Accidents for Louisiana on
Q: In Louisiana is there a formula for determining diminished value in an automobile accident?

Body shop estimated diminished value of $7662.49. Progressive is offering $1800.

T. Augustus Claus
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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...
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2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: If I am insured for liability and get in single car hydroplane accident, am I covered as passenger

Single car accident bodily injuries sustained due to hydroplane

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Car Accidents for Louisiana on
Q: How to I petition for compensation after a car accident?

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

Joseph A. Interiano
Joseph A. Interiano
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

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1 Answer | Asked in Car Accidents, Consumer Law, Contracts and Products Liability for Louisiana on
Q: Car was involved in a MVA in July 2022. Car is still in the shop 9 months later. Car was 1 year old when MVA happened

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Car Accidents for Louisiana on
Q: My car was damaged by something parked outside at a friend's house,. Need help please.
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Victim of a hit and run, no car present just damages to my parked vehicle. Need help on what to do.

Parked outside at a friend's house, asking for help please?

Jamie Dean Parker
Jamie Dean Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Louisiana on
Q: Can dotd and contractor be liable for damage to my car from road construction

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Louisiana on
Q: Can dotd and contractor be liable for damage to my car from road construction

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Im in Lafayette Louisiana I have court for an arraignment in the morning for 1st degree felony vehicular negligence.

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

Randy Bryan Ligh
Randy Bryan Ligh
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.

2 Answers | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: I was involved in an accident, a trooper wrote up a ticket and gave me a court date. The other party has an attorney...

I was pulling out of my driveway and didnt see the car coming to my Left due to fog. I tied to gun it but they tried going into the left lane. We collided and totaled both vehicles. No one was injured. About 5 officers were on the scene but supposedly a trooper needed to be there as well. He wrote... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 30, 2022

Contact your insurance agent or your insurance company (your insurance ID card or policy has a number to report accidents) and let them know about your accident, if you haven't done so already. Make sure you get the claim number. Let them know of the attorney's name and information if... View More

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2 Answers | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: I was involved in an accident, a trooper wrote up a ticket and gave me a court date. The other party has an attorney...

I was pulling out of my driveway and didnt see the car coming to my Left due to fog. I tied to gun it but they tried going into the left lane. We collided and totaled both vehicles. No one was injured. About 5 officers were on the scene but supposedly a trooper needed to be there as well. He wrote... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 31, 2022

Following up on attorney Bryan's excellent answer, and in regards to your traffic citation, at a minimum please consult with a traffic ticket attorney or 2 and see what recommendations they have---depending on the prosecuting authority, it is possible you might be able to get your citation... View More

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3 Answers | Asked in Car Accidents for Louisiana on
Q: What are the common causes of car and truck accidents, and how can they be prevented?
Joel Gary Selik
Joel Gary Selik
answered on Oct 6, 2023

Inattention. Care, speed under control, watching out for other drivers. Concentration on the driving.

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