A man driving under the influence lost control of his vehicle on a highway and plowed through my front yard taking out small trees and hitting a large palm tree in our front flower bed. The trees were pushed by his truck causing damage to the exterior of my home. Damage also occured when they removed his vehicle. The entire exterior of my home was renovated two weeks before he hit it. When I called his insurance company they denied having his policy. I've persisted with phone calls because the state trooper told me that they showed his policy being current. Finally they tell me he is a client and they won't speak to me without his authorization. What can I do?
I am not licensed in your state of LA. I am licensed in CA. So, I can only provide general feedback.
If the insurance company is not cooperating with you, then it's time to contact a lawyer. Personal injury attorneys or other general litigation attorneys that handle torts and property damage can help you.
If you sue the driver that caused your property damage, and he was covered by insurance at the time of the accident (and his act was not excluded under the policy), his insurance policy could be reached by you to recover compensation. If the driver was not covered by insurance at the time of the accident, you can sue the driver for compensation. Whether you would be able to collect a judgment against the driver is yet unknown.
You will need to discuss all of the facts with an attorney. You can begin your search for local attorneys on Avvo.com's "find a lawyer" feature. Or you can check your phone book or ask a friend/family member for a referral.
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Mr. Regar has given you good advice and there is not much to add to it. Speak to an attorney and see what your options are. It is unfortunate that you have to do so, but that may be what it will take to get the matter resolved for you.
I will evaluate your case for free. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
On top of Mr. Regar's very good answer, I might also suggest you contact the Louisiana Department of Insurance at http://ldi.louisiana.gov/ Under the "Consumers" section, you can search whether your situation is one where a complaint might be appropriate.
You can also contact your homeowners insurance company (assuming you have HO coverage) for assistance in getting your home back in order. They can then pursue "subrogation", meaning that they go after the other guy's insurance. In that situation, you can enlist your carrier's help and fight might with might...
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
When being given the run around by an insurance company, your next call should be to an
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