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Michael Laurence Barras

Michael Barras’s Answers

45 total


  • I was in a car accident and he has auto insurance from 2 different companies can i make a claim with both companies

    I was going thorough a traffic light which other cars were in front of me. The traffic was moving at a moderate speed and a truck hit me full force from behind. When writing our info. down he gave me progressive as his insurance company and progr...

    Michael’s Answer

    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 fraud.

    You most definitely need a personal injury attorney to evaluate and handle this matter for you.

    Good luck and best regards,

    Michael Barras

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  • Hello, i was rear- ended an the damage to my car was $532.00 However the insurance offered me $500 for pain an suffering.

    My medical bills were over $9,000. How much should i settle for?

    Michael’s Answer

    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.

    Good luck.

    Michael Barras

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  • If I settle my case and am still hurt will my insurance company still cover me or will it be considered pre-existing?

    I have been going to a chiropractor and PT for almost 4 mos now after being rear ended and pushed into another vehicle. I am scheduled for an epidural injection that may or may not work. Should I keep my case open until I know for sure that the pa...

    Michael’s Answer

    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.

    Good luck.

    Michael Barras

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  • What happens if you miss your court date for a misdemeanor summons for a hit and run

    i have never been in trouble before.

    Michael’s Answer

    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 arrested.

    A criminal defense lawyer in Terrebonne Parish should be able to help you out.

    Good luck.

    Michael Barras

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  • Wat rights do me n my 3 sister have dad died in a car accident in a high speed chase he was innocent on his way home wrongful de

    Death stepmother took everything grandfather was beneficiary n took money an left us wit empty house

    Michael’s Answer

    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 do not hesitate to contact my office.

    Best regards,

    Michael L. Barras
    Michael L. Barras, APLC
    (337)369-6400
    michaelb@barraslaw.com
    www.barraslaw.com

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  • Am i responsible for all damages do i need attorney

    I was driving friends car cause he was drunk (I have insurance) i hit a vehicle no police involvement he exchanged info comes to find out he has no insurance statefarm dropped for nonpayment now he want me to pay for all damage on vehicle that i h...

    Michael’s Answer

    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.

    Good luck.

    Michael Barras

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  • What is the significance of vehicle 1 and vehicle 2 in an auto accident

    I was in an auto accident in Lafayette, LA. I was traveling n on University, and collided with a vehicle entering univerity from the I-10 exit ramp where there was clearly a yield sign. The officer could not determine who was at fault, but indica...

    Michael’s Answer

    • Selected as best answer

    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.

    Best regards,

    Michael

    Michael L. Barras, APLC
    Attorneys and Counselors at Law
    New Iberia
    michaelb@barraslaw.com
    337-369-6400

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  • What is the value of my case?

    I was struck from the rear by uhaul and been diagnosed with shoulder brusitis and a bulging disc l5 in my back. In your opinion what is my case worth?

    Michael’s Answer

    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.

    Good luck!

    Michael Barras

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  • As an uninsured driver, can i be sued by another uninsured driver if i brushed against his bumper just enough to transfer paint

    he took my keys out of the inignition and battered me with physical threats.

    Michael’s Answer

    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 an auto accident.

    Specifically, La. R.S. 32:866(A)(1) provides: "There should be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security."

    The law is aptly referred to as "no pay no play" because one who does not "pay" (i.e. buy the minimum auto insurance required in Louisiana) cannot "play" (in the legal system).

    So, unless the other driver suffered more than $15,000.00 in bodily injury damages or $25,000.00 in property damage, you should be safe.

    Best regards and good luck.

    Michael Barras

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  • Parking lot accident. Who would be at fault?

    I was 1/2 way to 3/4 of the way out of a parking lot spot backing up. I DID look over my shoulder to the right to see if there were any pedestrians or cars in my way and I began to back out when suddenly a car hit ME on the right back bumper only....

    Michael’s Answer

    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 resaonable care under the circumstances, you should present a claim to the other driver's insurance company and consult a personal injury attorney in your area.

    Now, you could also present a claim to your own insurance company, which, in Louisiana, should definitely have property damage coverage and could have medical payments coverage. Your insurance company would then have the right to pursue the other driver for the sums it paid to you.

    Good Luck!

    Michael Barras

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