Since the police were not called to the scene of the accident, but instead to a later destination, the police officer will not generally diagram the accident. Also, if no citations were issued and no police report is available, it can be typical for the insurance companies to declare you both at fault.
You need to get in touch with your insurance company and ask about them defending you and possibly consider filing suit. In Louisiana, you can pursue both the insured and the insurance company simultaneously without waiting for a judgment to be rendered against the insured first.
Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.
There is no way to ascertain fault from an Avvo posting. Sit down with a local lawyer to discuss the incident in detail.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Louisiana law is a comparative negligence state. The trier of fact which will be a judge or jury will determine the percentage of fault of everyone involved. It is not for their insurance to determine what degree of fault should be attributed to you.
This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.
Negligence and personal injury Comparative negligence and personal injury Personal injury Police reports for personal injuries Hit-and-run personal injury accidents Fault laws and personal injury cases Personal injury and car accidents Police interrogation Traffic tickets Traffic tickets and car insurance rates
Sign up to receive a 3-part series of useful information and advice about personal injury law.