The Insurance Companies
When a driver causes a vehicle accident, the injured driver’s insurance companypays for the damages and injuries, and then collects from the responsible party’sinsurance company. The insurance company will only pay for the coveragepurchased by the insurance holder, which can sometimes leave an injured driver topay for medical expenses or repairs out of their own pocket. In some cases, thoseexpenses can be recovered through filing suit with an experienced personal injurylawyer.
If you are uninsured, Louisiana has a rule called the No-pay, No-play statute that might prevent you from collecting from a driver-at-fault’s insurance company. For information on Louisiana’s No-pay, No-play statute, see “How Will Louisiana’s No-Pay, No-Play Statute Affect My Compensation for an Automobile Accident?“
In Louisiana, fault determinations after car accidents are not made by the police, but by the insurance companies. It should be noted that a police report will be required for an insurance claim, and the police will pursue any criminal activity or traffic violations they find while making the accident report.
How do I know who’s at fault?
Motorcycle accidents are typically governed by basic negligence laws. Louisiana is a pure comparative negligence state, which means that any award may be reduced if a judge or jury finds that the injured party was in any part responsible for the accident or injuries. This means that if one party is found to be 25% at fault for the accident, any damages or recovery for injuries will be reduced by 25%.
Comparative negligence can lead to an extensive evidentiary showing to prove the percentage of each party’s fault, and an experienced Louisiana motorcycle accident attorney becomes imperative in this situations.
After an accident, evidence of the actual cause and resulting damages will be of utmost importance not only to insurance companies, but also to a judge and/or jury. An experienced motorcycle accident attorney will help you obtain the important pictures of the scene of the accident, damages and injuries. Your attorney can also work with the insurance companies and police departments on your behalf. A well trained attorney will also compile an accident file where they will collect important documents, such as the accident report, photos, witness statements and contact information, medical bills, records of lost wages, and records of repairs.
Before purchasing a motorcycle, make sure you have a clear understanding of the potential hazards, your legal responsibilities, rights and who you can turn to if you are involved in an accident. The experienced motorcycle accident attorneys at
Smiley Law can guide you through the process and help defend your rights.