Legal Question in Civil Rights Law in Louisiana

Can I sue for road debris hitting my car and who can I sue if there is no one to

I was heading down I-10 westbound xmas eve, and all of a sudden a stray stone flew straight in my windshield and cracked it. I was not close enough to any vehicle in front of me because I was, I would have been sure to get there license number and track it my self, but there was a car about 100' in front of me which didn't appear to be the culprit, but I am nopt certain. What can I do to resolve the damage since my insurance won't cover that loss since it would be the cost of the deductible and raise my rate no doubt. Please advise.


Asked on 12/27/04, 3:49 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: Can I sue for road debris hitting my car and who can I sue if there is no on

Dear LawGuru Friend,

Yes, you can sue. Win? That can be done too, if you handle the case properly and prove the LA Highway Department negligent, and that that negligence was what caused your damage. You will most surely have a problem finding a lawyer who wants to handle that case: there is just no money in it for a lawyer. I suggest you file a claim with your own insurance company and pay your own deductible. I do not believe an insurance company can legally sell you comprehensive coverage and then penalize you for using it. It's a contract; and they sold you that coverage, and they have an obligation to honor their contract with you. That's just one lawyer's legal opinion. They are not going to raise your rates over this. That would be an unfair trade practice, and then you would have a law suit any good lawyer would want to handle. Best of luck! Thanks for giving me a crack at answering your legal question! Practice makes perfect. That's why we lawyers "practice" law.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 12/28/04, 8:35 pm


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