Louisiana Insurance Lawyer Blog

Louisiana Insurance Laws are found primarily in Louisiana Revised Statutes Title 22. The laws are set forth as follows:

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HD HAIL DAMAGED VEHICLE

Indicates a motor vehicle has sustained cosmetic damages caused by hail and equivalent to seventy-five percent or more. Out-of-state titles reflecting water damage must also be shown on subsequent transactions. The hail damage code must be entered on the computer as "HD" which will brand the title "Hail Damaged". It will become a permanent part of that vehicles' history.

If you need help with your Gretna, Louisiana hail insurance claim, call a Hail Damage Insurance Lawyer.

Source:

FlagCodes and Flag definitions -062010.pdf

If an employee is injured in a Louisiana car wreck while in the course and scope of his employment, he has not only a claim against his employer's workers compensation insurer, but also has a third party claim against the other driver for that driver's fault.

What if the other driver is uninsured or underinsured? The injured employee may then make a claim against his own uninsured motorist policy or even against his employer's uninsured/underinsured motorist policy. However, the employer's uninsured motorist insurance carrier may be entitled to a credit for the amounts the injured employee received from the employer's workers' compensation insurer. See Bellard v. American Cent. Ins. Co., 980 So. 2d 654 - La: Supreme Court 2008

Insurers generally consider a motor vehicle to be a total loss when the estimated cost of repair (including any supplements) plus the probable salvage value equals or exceeds the actual cash value of the vehicle. LSA-RS. 32:702 requires all vehicles sustaining damages equivalent to 75% or more of the market value as determined by the most current National Automobile Dealers Association Handbook (NADA) to be declared a total loss subject to salvage titling requirements.

However, LSA-RS. 22:676 allows an insurer to consider whether a vehicle would be a total loss if the cost to repair or replace the airbags system is excluded from the total loss determination. This will make it possible for an insurer, if the insured agrees, to pay more than 75% of the NADA book value to repair a vehicle without declaring it a total loss, subject to salvage titling, as long as the cost to repair or replace the airbag system makes the total damage exceed 75% of the
NADA market value.

Many Louisiana automobile liability insurance companies will not consider paying a claim of their at fault customer until they see a copy of the accident report. To resolve this issue, you may want to get a copy of the report on your own to expedite matters. Louisiana State Police Crash Reports are now available online. To obtain a report you will be asked to enter the first and last name of the driver/pedestrian involved in the crash, the parish where the crash occurred and the date of the incident. Parish Sheriff and Local Police Department Accident Report Contact Information is also available online.

Beginning January 1, 2010, the minimum Liability limits for Louisiana auto insurance will be 15/30/25 upon renewal or new application of a Louisiana automobile insurance policy.This mandatory insurance pays for property damages or personal injury for which you may be legally responsible. The old minumum limits required car owners to carry 10/20/10 Liability limits.

The new limits provide payments of $15,000 for Bodily Injury to one person, $30,000 for Bodily Injury to more than one person in a single accident, and $25,000 coverage for damage to someone else's vehicle or other property. Insurance premiums are expected to increase for those who only carry the minimum limits.

Additional Resources:

Car Insurance Premiums to Rise for Many Louisiana Drivers

2010 Means Higher Minimum Insurance Requirements for Louisiana Drivers