Legal Question in Personal Injury in Louisiana

Auto accident - Insurance co. of vehicle at fault trying to settle 70% her fault, 30% our fault. Police report CLEARLY puts her at 100% fault. I'm not accepting so I'm gonna get an attorney. My question is, our vehicle only had liability & uninsured so do I have to call my insurance co. to file a claim too, since they are saying we were 30% at fault, so the adjusters can fight it out AND have my own attorney?


Asked on 11/29/11, 9:25 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

No. Your UM only covers you if someone who is uninsured or underinsured hits you. It does not cover you for accidents which are your fault. That is comprehensive or "full coverage". If your claim exceeded the other driver's policy limits, then your UM would kick in to make you whole, but it doesn't kick in just because the other insurance company is fighting liability.

Also, if liability is clear and the insurance company is refusing to pay your property damage, you may be entitled to penalties and attorney's fees against the other driver's insurance. You should speak to an auto accident attorney regarding your property damage and personal injuries, if you have any.

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Answered on 11/29/11, 12:02 pm


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