Covington Pedestrian and Bicycle Accident Lawyer FAQs

As residents of St. Tammany know all too well, the 3.5 mile stretch of Interstate 12 between U.S. Highway 190 and Louisiana Highway 21 can be a nightmare.  It sometimes seems like your chances of making it to that soccer game at Coquille on time is 50/50 depending on whether there is a wreck on I-12.  Personally, I try to avoid that corridor as much as possible. 

Why Is I-12 Near Covington So Bad?

St. Tammany is listed by the Louisiana OMV as having the third-most registered vehicles of any parish in the State.  According to the Louisiana DOTD, more than 120,000 drivers use this section of I-12 daily!  Combine those statistics with the fact that I-12 is for many, the main route of travel from home to work, school, recreation, shopping, etc., and the result is traffic… and lots of it!

How To Avoid Accidents On I-12:

The best ways to avoid accidents on I-12 near Covington is to have patience, avoid distractions, and practice defensive driving.

• Have patience:  I know that it can be hard to have patience when your kid’s karate class on Pinnacle Parkway starts in 10 minutes and Waze tells you that you are still 25 minutes away.  But remember the saying “better late then never?”  Try to keep your cool, focus on driving, and trust me, the karate instructor will understand.
• Avoid distractions: We lead very busy lives, and it is tempting to use those 10 minutes on the Interstate to catch up on emails and reply to those texts.  Resist the temptation!  Just think about this:  This may be the most dangerous 10 minutes of your day!  Refocus on the road and remember that those emails and texts can wait just a little while longer.
• Practice defensive driving: Always practice defensive driving, especially on the Interstate.  Lots of activity is happening every second.  On the I-12 corridor near Covington, with each intersection comes numerous vehicles entering, merging, and switching lanes.  Anticipate that, like you, many of those drivers are in a hurry and will cut you off.  Be prepared for the inevitable start and stop of the interstate, where you can be traveling at 65 mph, then come to a screeching halt. 

Have You Been Injured In An Accident On I-12 Near Covington?

If you have been injured in an accident on I-12 near Covington, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

We often get calls from car accident victims reporting that the at-fault insurance company is offering to settle with them for “up to” a certain amount of their medical bills.  Depending on the extent of injuries, this may sound reasonable, but in reality, the insurance company’s offer is meaningless.  Worse yet, it is a trick by the insurance company to see if they can get you to settle quickly. 

You Still Must Prove That Your Medical Bills Are Related To The Accident:

The insurance company’s offer will only extend to medical bills which they decide to be caused by the car wreck.  You may not agree with their determination.  For instance, if you went to the chiropractor for 6 months after a wreck and incurred $6,000 in medical bills, you will still have to prove that all 6 months of chiropractic treatment were related to your wreck and necessary.  Under its agreement to pay medical bills, the insurance company may determine that only 4 months were necessary, leaving 2 months unpaid.  Another example may be massage therapy bills, which helped with your recovery but may not be recognized by the insurance company.  In short, if you accept the insurance company’s offer, they (not you) get to decide which medical bills to consider.

Will The Insurance Company Pay The Entire Bill, Or Just Your Deductible/Copay?  What If You Used Health Insurance?

Does the insurance company’s agreement to pay your medical bills mean that they will pay the “sticker price” of the bills (the amounts actually charged)?  Or does it mean that they will pay only the amount you are responsible for, like the deductible or copay amount?  These are questions you should ask before accepting any settlement.

Also, remember that if your health insurer paid for any wreck-related medical bills, they may have a claim for reimbursement from “any settlement.”  Therefore, before agreeing to any settlement, you should make sure you understand your health insurer’s reimbursement rights and interests and how the at-fault insurance company is addressing those.

What About Pain And Suffering, Lost Wages, And Other Damages?

It is important to remember that your car accident insurance claim includes not only your medical expense, but also damages for your pain and suffering, inconvenience, anxiety, lost wages, and other things.  Typically, when an at-fault insurance company offers to pay up to a certain amount for medical bills, they also throw in a small offer (like $1,000) for “everything else.” 

Generally, if you have thousands of dollars in medical bills and the insurance company is offering you a small amount for “everything else,” something is not right! 

Beware!  This Is A Final Settlement!

The insurance company knows that you have medical bills piling up and that’s why the offer to pay up to a certain amount is tempting.  But beware!  This will be a final settlement.  If your medical bills (past or future) end up exceeding the amount the insurance company agrees to pay, you will be stuck holding the bag and will be unable to bring any additional claims.  Agreeing to their offer will also restrict you from pursuing any other claims for general damages, like pain and suffering.         

Have You Been Injured In An Accident And Received An Offer From The Insurance Company?

If you have been injured in an accident and received an offer from the insurance company and have quesions about how it works,  contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

With ride-share services like Uber and Lyft becoming more popular, wrecks involving ride-share vehicles are also more common.  While the insurance claims process is similar to a regular car wreck, there are a few differences in the way you should handle claims with Uber and Lyft.  In this article, we explain how ride-share claims are different and provide a few tips for protecting yourself. 

Who Is Liable For A Wreck Involving A Ride-Share Vehicle?

Like any accident, responsibility for damage and injuries resulting from a wreck belongs to the driver who caused the wreck.  Normally, the at-fault driver’s personal auto insurance would be liable for the insurance claim.  However, for wrecks involving ride-share vehicles, the driver’s personal insurance will probably not apply.  That’s because personal auto insurance typically excludes drivers who are in the course and scope of a business mission or specifically, participating in a ride-share or “for-hire” service at the time of the wreck. 

Thus, for wrecks involving a ride-share vehicle, insurance claims will usually be filed through the service itself, such as Uber or Lyft. 

The Amount Of Coverage May Depend On The Driver’s Status At The Time Of The Wreck:

Ride-share services such as Uber and Lyft usually provide insurance coverage for wrecks involving their drivers.  However, the amount of available insurance may depend on the “status” of the Uber driver at the time of the wreck. 

For instance, at the time of this writing, if the Uber driver was “available or waiting for a ride request” at the time of the accident, Uber provided liability coverage of $50,000 per person, up to $100,000 per accident, and $25,000 for property damage (50/100/25).  If the Uber driver was “en route to pick up riders” or in the middle of a trip, Uber provides up to $1 Million in liability coverage.

This means, it is important for you to take note of things at the scene of the accident, such as whether the driver had passengers in his vehicle, or if the driver said he was on his way to a pick up. 

How The Insurance Claim Process Works:

With ride-share accidents, the insurance claims process is very similar to a regular car accident, with the exception that the initial claim is usually filed directly with the ride-share service.  Some of the bigger services, like Lyft and Uber have online claims processing options.  Once a claim is filed, the ride-share company sends it to their insurance company for further handling. 

Other Tips (Take Photos and Video!):

For a wreck involving a ride-share vehicle, it is very important to collect information at the accident scene about the at-fault driver and their vehicle.  If possible, take photos of important evidence including:

• The other driver’s license.
• The other vehicle’s registration.
• The other vehicle’s license plate.
• Stickers/decals identifying the other driver’s vehicle as a ride-share (ie. Uber sticker).
• Photos and/or videos of the accident scene.

Getting this evidence will help get your claim processed more quickly and will support your insurance claim moving forward. 

Have You Been Injuried In An Accident With A Ride-Share Vehicle?

If you have been injured in an accident with a ride-share vehicle and have questions as to how the process works, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

 

Did you get a letter from your health insurance company after being in a car wreck?  Is it asking you to “tell us about your medical treatment for your injury” or “did you have medical treatment for an injury or illness that someone else may be responsible for payment?” 

It is important to respond properly to this letter.  Ignoring it may result in your health insurance company denying payment for medical treatment. 

Why Is My Health Insurance Company Sending Me A Letter?:

If you receive medical treatment after a car accident, the medical providers, like an ER, usually input special codes while billing your health insurance.  These codes are picked up when your health insurance processes the bill, alerting them of a potential accident.   When your health insurance company sees that you may have been in an accident, they automatically send you a letter requesting more information.

Your health insurance company wants to know more information about your wreck for a few reasons.  First, if you settle your car wreck claim, they may have a right to be reimbursed from the at-fault insurance company for any wreck-related medical payments made on your behalf. 

Second, your health insurance company wants to know if you have any other insurance available to pay your wreck-related medical bills, before they pay.  For instance, “medical payment” (“med-pay”) coverage under your own auto policy is meant to pay wreck-related medical bills.      

Does This Mean My Health Insurance Company Will Stop Paying?

No.  Just because you were in a wreck doesn’t mean that your health insurance company will stop paying your medical bills.  They are still contractually obligated to do so.  However, if you other sources available to pay medical bills (like the “med-pay” coverage discussed above), you will need to prove to your health insurance that those sources have been exhausted before they continue paying. 

If you ignore your health insurance company’s inquiry letter, they MAY STOP paying your medical bills.  This is because your contract with them requires you to cooperate in their investigation of any claim, including those stemming from car wrecks. 

How Should I Respond To The Letter?

You should be truthful in your response to your health insurance company in letting them know about the wreck.  If you do not have “med-pay” coverage or if your “med-pay” has been exhausted, it is important to let them know that, so they do not stop paying your medical bills. 

Be careful describing your injuries, as the at-fault auto insurance company may see your response later and hold them against you, especially if your reported injuries do not match your current complaints.

Have You Been Injured In An Accident And Received A Letter From Your Health Insurance Company?

If you have been injured in an accident and received a letter from your health insurance compnay about a wreck and have questions, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

One of the most common misconceptions of car accident victims is that the at-fault car insurance company should be paying medical bills as they are incurred.  Unfortunately, while the at-fault insurance company is ultimately responsible for your damages, including medical bills, they do not have to “pay as you go.” 

The At-Fault Insurance Company Doesn’t Have To Pay As You Go:

For car accident cases in Louisiana, there are usually two different claims involved: (1) the property damage claim, which includes damage to your vehicle; and (2) the injury claim, which involves damage to you, including your medical bills. 

For the property damage claim, the at-fault insurance company is legally required to adjust your claim and pay for property damages within a certain amount of time after they are presented with adequate proof of loss.

For your injury claim, while the at-fault insurance company may ultimately be responsible for your medical bills, they are not legally required to pay them as they come in.  Instead, they are usually interested in settling all of your injury claims, including medical expenses and general damages, all at once. 

Don’t List The At-Fault Insurance Company As The Responsible Party At The ER:

It is not uncommon for our clients to report that they listed the other person’s auto insurance as the responsible party for payment at the Hospital Emergency Room.  This is a mistake.  First, the hospital (or any medical provider) has no right (or way) to bill the other person’s auto insurer directly for your bill.  While the accident may not be your fault, you are responsible for any medical bills stemming from it.  

Use Your Health Insurance:

It is a good idea to use your health insurance following a car accident, as doing so will reduce the amount of your medical obligations.  If you don’t use your health insurance, medical providers may try to bill the entire medical bill directly to you and it will remain your responsibility, even if you are the victim of a wreck. 

By using your health insurance, you enjoy the benefit of contracted discounts and should only be responsible for your deductibles or copays.  However, it is important to know that the health insurer has the right to reimbursement in the event you settle your auto wreck case with the at-fault insurance company.  Therefore, it is important to keep your health insurance company updated on the status of your auto claim.  It is also important to understand the ins and outs of your health insurance company’s right to reimbursement. 

The At-Fault Insurance Company Is Ultimately Responsible:

Once our client has recovered from their injuries, we gather all of their medical records and medical bills.  Their medical bills become part of their personal injury claim and are factored in when negotiating a settlement with the at-fault insurance company. 

Once a settlement is finalized, a portion of the settlement funds are used to pay any remaining medical bills and, if applicable, to reimburse our client’s health insurer.  At Flattmann Law, we always provide our clients with a detailed breakdown of how settlement proceeds will be distributed, PRIOR to a settlement being finalized.  That way, there are no surprises. 

Have You Been Injured In An Accident And Have Questions About Big Medical Bills?

If you have been injured and have questions about big medical bills following an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Passengers in car accidents are often overlooked when it comes to accident claims.  To their detriment, they typically rely on the driver to file an insurance claim for them.  However, many factors, such as allocation of fault for the accident, make it a good idea for injured passengers to file and pursue their own claims…and to have UM coverage!

File Your Own Insurance Claim:

Even if the driver of the vehicle you were riding in initiated a car insurance claim with the at-fault insurance company, you are responsible for filing your own insurance claim and providing them with adequate proof of your loss (ie. your injuries and damages).  Don’t rely on your driver to file and pursue a claim on your behalf. 

At the accident scene, make sure to take your own pictures and videos, and make sure to collect the at-fault driver’s information, including their driver’s license, auto insurance card, and vehicle registration.  If the accident was in part caused by the driver of the vehicle you were in, make sure to collect the driver’s information as well.  (see below…this may be awkward, but you may have a claim against their insurance as well).

Who Is Responsible For The Wreck?:

Did the driver of the car you were riding in do anything to cause the wreck?  Could they have done anything to avoid the accident?  These may be uncomfortable questions, especially if the driver is your relative or friend, but they are important in determining legal responsibility.   These are the questions the car insurance companies will be asking in order to determine liability. 

Sometimes, liability is split among the drivers involved.  Louisiana is a “comparative fault” state.  That means that fault (or liability) may be allocated among the parties responsible for causing an accident.  In some clear-cut situations, such as rear-end collisions, a car insurance company may accept 100% responsibility.  However, some wrecks may not be as straightforward and in those situations, liability may be split among two or more parties.

Remember, filing an insurance claim does not mean that you are suing the other person.  It just means that you are pursuing a claim with their insurance company to cover your bills and losses. 

Do You Have UM Coverage?:

If I was a passenger, why does it matter if I had UM (Uninsured/Underinsured Motorist) coverage?  It matters because if the at-fault driver(s) does not have insurance or does not have enough insurance to cover your harms and losses, then your own UM coverage may provide you with extra insurance, even if you were only a passenger. 

UM may be especially important in wrecks where many people are injured.  In those cases, even if the at-fault driver had liability coverage, they may not have enough coverage to cover all of the injured victims.  It is always best to protect yourself by having UM coverage.

Were You Injured While Riding As A Passenger In A Car Accident?

If you have been injured while riding as a passenger in a car accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Insurance companies sometimes ask you to sign a blanket medical authorization after a car wreck so that they can obtain your medical records.  Should you sign those forms?  Why are they looking to get medicals that far back, and even prior to the accident?   

What Do My Past Medical Records Have To Do With My Accident?:

In big accident cases, the at-fault car insurance company (or your UM insurer) may ask you for medical records from before your accident.  There is no legal limit on what they can request, but most companies may request five years of past records. 

The goal of the insurance company in obtaining past records is so that they can compare those records to your current (post-accident) injuries and complaints.  For instance, if you are claiming low back injuries from a car wreck, the insurance company wants to see if you had any prior low back injuries or complaints documented in past medical records.  If you do, they will compare those past complaints to your current condition.  Their goal is to downplay your current injuries or blame them altogether on an unrelated incident, prior to the accident in question. 

Does The Insurance Company Have The Right To Get My Medical Records?:

In Louisiana, if a lawsuit has not yet been filed for an accident, the at-fault insurance company does not have the right to get your medical records without your permission, usually in the form of a medical records release.  This is a double-edged sword, as failing to comply with the insurance company’s request may lead to their outright denial of your claim.  The best thing to do is to contact an experienced personal injury attorney who can weight the pros and cons of your individual situation.

It is important to note that you may have a different set of responsibilities when dealing with your own insurance company under a UM (Uninsured/underinsured motorist) claim.  That’s because the relationship you have with your own insurance company is contractual and you must adhere to the rules set out in your insurance policy, including working with them to explore claims. 

Do The Rules Change If I File Suit?:

Once a lawsuit is filed on a car accident case, the rules on obtaining past medical records change.  After a suit is filed, the at-fault insurance company has the right to conduct discovery, which includes exploring your medical history as it relates to your claims. 

In a lawsuit, an insurance company will typically request your medical authorization so that they can obtain pertinent medical records.  Sometimes, they will ask for medical records prior to the accident date, again trying to prove that your injuries were pre-existing and unrelated to the accident at issue. 

The rule during discovery is generally that the insurance company has the right to collect information which may lead to admissible evidence at trial.  This is very broad.  However, it is not without its limitations.  At Flattmann Law, we protect our clients from overly broad requests into their past medical treatment, especially when past treatment is completely unrelated to their current complaints.  For instance, we might object to a request for 10 years of our client’s past psychological treatment notes if their current claims have nothing to do with psychological injuries. 

Again, whether or not the insurance company has the right to request past medical records and the extent of their requests can be complicated and are individual to every case.  It can be extremely beneficial to contact an experienced personal injury lawyer to discuss these issues before making any decisions regarding the release of medical information. 

Do You Have Questions About An Insurance Company's Request For Medical Records After An Accident?

If you have been injured in a car wreck and have questions about an insurance company's request for medical records after an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Police are integral to keeping our families safe.  They put their lives on the line every day for their communities.  They handle life and death situations every day.  Piecing together car accident reports may not be high on their priority list, and that’s why you have to take steps after an accident to collect evidence yourself!

What Information Is In A Police Report?:

Most Louisiana law enforcement use the same uniform crash report form for car accidents.  The form captures lots of information.  Most importantly for car accident claims, it includes the names of the drivers and passengers involved, the owner(s) of the vehicles, information about the vehicles, and car insurance information. The police report will also state whether any tickets (citations) were issued. 

Police reports also include a narrative report stating how the accident occurred.  This is important.  However, in an estimated 25% of the reports we see, the narrative report contains an error in its description of the accident.  For example, a report may incorrectly show the position of the vehicles or show one turning right, when they were really turning left. 

Errors in police reports are understandable, as the police arrive on scene after the accident occurs.  Sometimes the drivers have already been transported to the hospital and aren’t even available to give their account of the accident.  Even when all the parties are still at the scene, the police officer must take in differing reports of what happened, sometimes even from witnesses.  They take that information, as well as visual evidence of the crash, to put together the accident report. 

Steps You Can Take To Protect Yourself In Case A Report Contains Errors:

If they are able to do so, accident victims should take it upon themselves to collect information and evidence from the scene. 

First, take as many pictures and videos of the scene as possible.  Make sure to capture the position of the vehicles, the road, any traffic signals, etc.  Once the cars are moved, that evidence will be lost forever. 

Second, get the other driver’s information, including their name, their insurance carrier, and their policy number.  Write down the make and model of their vehicle.  If possible, take a picture of their driver’s license, insurance card, and registration. 

Why Is It Important To Collect Your Own Evidence?

Collecting your own evidence is important for a number of reasons.  First, if the police report is incorrect, you will have the photos and videos to prove your case.  This is important to insurance adjusters, who are responsible for establishing liability for the accident. 

Second, even if the police report is accurate, it may take weeks to obtain it.  If you already have information regarding the other driver and their insurance, you will be able to initiate the claims process without having to wait for the police report, which will save you time.

Have You Been In An Accident And Have Questions About The Accuracy Of A Police Report?

If you have been injured in a car wreck and have questions about the accuracy of a police report, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

A multi-vehicle wreck or multi-car pile up can have serious consequences.  Accident victims in wrecks involving multiple people with injuries sometimes find themselves battling each other for compensation from a limited fund. 

The More Injured People In An Accident, The Less Insurance Available:

If you have been injured in a multi-vehicle accident, there is a real possibility that the amount of compensation you may be able to recover from the at-fault insurer will be limited.  Why?  Because auto insurance policies in Louisiana have bodily injury and property damage liability limits that cover the entire accident, and do not increase based on the number of injured people or vehicles involved. 

Example:

Say you are a victim of a car wreck on US Highway 190 in Covington.  It was a major accident involving multiple vehicles.  The at-fault driver clipped a car, then rammed into the back of your truck, causing you to hit the vehicle in front of you.  All three vehicles were totaled.  To make things worse, each of the three vehicles had a passenger in them, and all 6 occupants (drivers and passengers) were injured. 

The at-fault driver had State Farm.  He had the minimum 15/30/25 coverage.  That means, he had bodily injury liability coverage in the amount of $15,000 per person up to a limit of $30,000 for each accident (everyone who was injured), and property damage limits of $25,000. 

In this scenario, State Farm will have only $30,000 TOTAL to cover the medical expenses and general damages of all six injury victims.  Unfortunately, all six went to the hospital and the ER bills alone total $40,000.  What makes matters worse is that all three vehicles were totaled and have a combined actual cash value of $80,000.  State Farm only has $25,000 to cover this.

As you can see, getting in a muti-vehicle wreck can mean that the at-fault driver’s insurance coverage may be inadequate to cover the losses. 

What Will The At-Fault Insurance Company Do If Their Limits Are Not Sufficient?:

As an initial step, the insurance company for a driver who causes a multi-vehicle and/or multi-injury wreck will try to figure out if it can settle the claims of all the drivers with the amount of coverage it has available.  If they believe this is possible, they will request that all the parties send in their claim information, including medical bills and records, and then make settlement offers to each claimant. 

If, on the other hand, the insurance company realizes that settling all the claims within its policy limits will be impossible, it will do one of two things.  Sometimes the at-fault insurance company will try to determine the most serious claims and try to settle those from the policy limits.  If they can, they have effectively eliminated the most serious exposure to their insured (the at-fault driver).  However, it also means that several other claims, albeit smaller claims, may remain to pursue the at-fault driver personally.  (As a side note, the at-fault driver’s insurance company would still have to provide them with a defense if they were sued). 

If the at-fault insurance company decides that it is impossible to settle with any of the injured claimants within its limits, it may not make personal injury offers to anyone.  In such a case, the injured parties would have to sue the at-fault driver and his insurance company.  

Finally, with regard to property damage, in Louisiana the at-fault insurer is legally required to pay such claims.  In a multi-vehicle accident involving a limited amount of property damage coverage, the insurance company typically evaluates each person’s loss, then divides the available policy limits “pro-rata” (proportionately) among the claimants. 

So, what should you do to avoid this scenario?

How Do I Protect Myself From Limited Insurance?:

Having an efficient and fast attorney on your side is one step you can take to help maximize your recovery in a multi-vehicle accident case.  An attorney who quickly gathers your medical bills and records and submits adequate proof of loss to the insurance company gives you the best chance of recovering before everyone else.  If the at-fault insurance company decides that it doesn’t have enough coverage to pay all the claims, but decides to pay some of them, having your paperwork ready on their desk gives you the best chance of recovering. 

Also, make sure to have UM (uninsured/underinsured motorist) and collision coverage!  We cannot stress this enough and have done many other articles on this issue alone.  UM insurance will provide additional insurance to you in the event the at-fault driver was uninsured or doesn’t have enough insurance to cover your injury claim.  Collision coverage is similar and covers damage to your vehicle, regardless of who was at fault for the wreck.  Make sure you have these coverages!

Have You Been In A Multi-Vehicle Accident And Are Worried That The Number Of Injured Claimants Will Diminish Your Claim Value?

 If you have been injured in a multi-vehicle car wreck and are worried that the number of injured claimaints will diminish your claim value, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

After an accident, insurance companies usually ask the victim for proof of insurance, even if the wreck wasn’t their fault.  This is because Louisiana has the “No Pay No Play” law, which penalizes uninsured drivers, even if they are involved in an accident that is not their fault. 

No Pay No Play Is A Penalty For Uninsured Drivers, Even If They Are Not At Fault:

In Louisiana, the current law requires drivers to have minimum liability coverage (covering them for accidents which are their fault) in the amount of 15/30/25.  That is, they must have bodily injury liability coverage in the amount of $15,000 per person up to a limit of $30,000 for everyone who is injured, and property damage limits of $25,000. 

If an uninsured driver is in a wreck which is not their fault, La. R.S. 32:866 imposes a penalty on them by decreasing the amount they may be able to recover from the at-fault insurer.  The statute bars uninsured drivers from recovering the first $15,000 of their bodily injury claim and the first $25,000 of their property damage claim. 

Example Of No Pay No Play:

As an example, uninsured driver, Mark is in an accident when he is rear-ended by an 18-wheeler whose driver was not paying attention.  Mark has serious injuries and the value of his personal injury claims is $50,000.  The wreck also totaled Mark’s vehicle, which has an actual cash value of $20,000.  Because Mark is uninsured, the No Pay No Play law bars Mark from recovering the first $15,000 of his $50,000 claim, allowing him to collect only $35,000.  For his totaled vehicle, Mark will not be able to collect its $20,000 value.

There Are Exceptions To No Pay No Play:

There are a few exceptions to the rule, including if the other driver is operating a vehicle while intoxicated, intentionally causes the wreck, or flees the scene. 

Also, it is important to note that the No Pay No Play rule does not apply to passengers.  That means an injured passenger is not penalized by the rule, even if the car they are riding in is not insured.  The law only applies to the owner or operator of the vehicle.

Have You Been In An Accident With An Uninsured Driver Or Being Given The Runaround By The Insurance Company Based On The No Pay No Play Rule?

 If you have been injured in a car wreck with an uninsured driver or are being given the runaround by the insurance company based on the No Pay No Play Rule, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.