Customarily, the at fault driver is designated as "Vehicle 1" in the police report. However, this is not a set rule, and the designation has no legal significance whatsoever.
You should contact an attorney in your area, as fault can sometimes be a complex determination. And, the other driver's insurance company will most likely take the stance that its insured was not at fault.
I would be happy to talk to you about your case.
Michael L. Barras, APLC...
Assuming that he has valid coverage with both companies, you can file a claim with both companies. However, you may want to make sure that each company knows about your claim with the other. If your injuries are severe enough, you may be entitled to recover the extent of both policies. However, if your injuries are such that the value of one of the policies is sufficient to compensate you, and you claim the same injuries and medical bills under each policy, you may be committing insurance...
You need to get a lawyer. The insurance company is not giving you a fair offer.
Contact a personal injury attorney in your area.
Please also note that, in Louisiana, you only have one year to file suit against the at fault party.
It depends on the nature and extent of your injuries, the responsible party's ability to pay a Judgment, and the extent of the insurance coverage available. I suggest contacting a personal injury lawyer in your area.
You will most likely have a bench warrant issued for your arrest. If the Judge who issued the warrant so desires, he or she can recall the warrant and have you reserved through the clerk of court or the district attorney's office.
Although I am a Louisiana lawyer, I am not familiar with the practices of Judges in your district as they relate to recalling bench warrants. You need to find out from the Judge exactly what needs to be done to have your warrant recalled without you being...
There are multiple factors that play into the valuation of a personal injury case. And, it is impossible to give any accurate valuation with the limited information provided in your question. Your best bet is hiring a good local personal injury attorney to handle your claim.
First, let me give you my condolances for your tragic loss.
In Louisiana, you and your sisters are all proper parties to your father's wrongful death action.
Your case involves a police chase which, can be handled inappropriately and can result in the liability on behalf of the police agency/city. I know this because of my previous involvement in a case involving officers' injuring someone through their negligence in conducting a high speed chase.
If you have any questions, please...
Whether you (or your insurance company) is responsible to pay for the property damage of the other vehicle depends on who was determined to be at fault in causing the accident.
I cannot tell from your question who exactly was at fault.
However, as referenced in the previous answer, if the other driver was at fault and was uninsured at the time of the accident, he will not be able to recover his first $25,000.00 in property damage, under the No Pay No Play law.
Actually, Louisiana has a law that deals with an uninsured drivers' right to damages arising from an auto accident. So, contrary to the previous answer to your question, the other driver's uninsured status is indeed important.
The law that I speak of is called the "no pay no play" law and is found at La. R.S. 32:866. The "no pay no play" law prohibits an uninsured driver from recovering the first $15,000.00 in bodily injury damages and the first $25,000.00 in property damage arising from...
In Louisiana, there are no traffic laws that cover parking lots. All drivers are expected to exercise a degree of care reasonable under the circumstances when navigating a parking lot. Each party's percentage of fault will be determined by the degree to which each party failed to exercise reasonable care under the circumstances. That being said, if you have vehicle damage or have suffered injury and feel like that damage or injury is a result of the other driver failing to exercise...