Michael Laurence Barras's Answers

I don't have insurance and was hit by another driver, do they have to pay for my damages

You should definitely talk to a local personal injury attorney. Generally, an at-fault party, and-or his or her insurer will be responsible to pay for damages to the accident victim's property, for his or her pain and suffering that resulted from the accident, and any lost wages that he or she suffered as a result of the accident. So, if the person who rear-ended you is determined to be at fault, you will likely be able to recover for your property damage, pain and suffering, and lost...

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What amount is due to hospital after medical claim paid?

In short, you will be responsible for the co-pay under your health insurance contract, whatever that may be. If the health care provider accepts payment at your insurance company's contracted rate, it cannot, under Louisiana Law, then turn around and bill you for the balance between the contract rate and the full posted rate. This practice is known as balance or discount billing and is strictly prohibited under La. R.S. 1847(A)(1). Note that you may likely be under a contractual obligation...

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How long do you have to sue an insurance company for not paying the optional portion of the claim in the state of la.

The answer to your question will likely depend upon the language of the subject insurance policy. You should definitely contact an attorney in your area to review the insurance policy and determine whether you have any rights. Good luck and best regards, Michael L. Barras MichaelB@BarrasLaw.com http://www.BarrasLaw.com

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I was injured in an auto acc.; the defendant has $10/20/25; I have $10k UM; will my UM still pay?

The answer to your question depends on the facts of your accident, the insurance company (adjuster) involved, and the language of your insurance policy. Generally, in regard to a Louisiana auto accident, the insurance company of a non-fault injured party will have a right to recover from the at fault party's insurance company whatever payments it made on the non-fault party's behalf. This is called subrogation. However, generally, if the non-fault injured party is not "made whole,"...

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Child support

There is a chance that your receipt of the settlement could increase the amount of your child support obligation. The court could determine that your settlement qualifies as income as it relates to the Louisiana Child Support Guidelines. In making such a determination, the court will consider multiple factors, including but not limited to the amount of the settlement and how the settlement proceeds will be received by you. I suggest contacting a a local attorney and providing that attorney...

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Can a person in a nurseing home get married?? even if a relative has power attorney over them.

I would say probably so. The fact that the man in the automobile accident executed a power of attorney in favor of his sister standing alone will not prevent him from being able to enter into a binding marriage contract. In Louisiana, a power of attorney grants one person the power to act in the name of another. The extent of the power of attorney is determined by the language contained therein. A power of attorney does not take away the granting person's power to act in his or her own...

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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

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...

Parking lot accident. Who would be at fault?

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...

Car total..brought not knowing it was reconstructed...what is my rights?

Based upon what you say, it seems that the at-fault party's insurance company may be attempting to low-ball you on your vehicle's fair market value at the time of the crash. However, the insurance company is not obligated to pay you more than the vehicle's fair market value on the property damage aspect of your cliam. Please be advised that you will likely have a right to reimbursement for medical expenses incurred as a result of any accident-related injuries and an award of general...

Is a business owner liable for personal property lost in a fire if he doesn't carry insurance.

You should contact an attorney in your area. The specific circumstances surrounding the nature of the personal property, why it was stored in the horse boarding facility, and how it was stored at the facility will be important considerations. Also, whether there was a paid storage arrangement and-or agreement to store the personal property will be important. Best regards and good luck Michael L. Barras MichaelB@BarrasLaw.com http://www.BarrasLaw.com