Legal Question in Personal Injury in Louisiana
who pays personal injury, if one insurance paid a portion of medical expences
i was hit from behind on a motorcycle, while stoped at a red light. old man test driving a new car, couldnt find brakes, his insurance exceeded mininum limites, and paid portion of medical expences, not enough to covor other personal injurys to body, who covers the difference in the injury. is the car dealership liable for the difference. another surgery needed, i was disabled by the accident, and cant return to work until i am fixed. is the car dealership responsible to help with damages, the salesman drove the car across a buisy highway, and then gave the car to the old guy, the first time he had to use the brakes, he couldn't find them.
2 Answers from Attorneys
Re: who pays personal injury, if one insurance paid a portion of medical expence
The dealership could be liable under several theories or the old man could be covered under one of the dealership's liability policies for your damages that exceed his policy limits. You have one year from the date of the accident to file a lawsuit. You need to see an attorney immediately.
Re: who pays personal injury, if one insurance paid a portion of medical expence
The dealership may be liable, but it is not an automatic thing. There should have been some sort of insurance coverage on the vehicle in addition to the old man's insurance that would kick in. However, you have only a year from the accident to file suit or you lose that right. You need to seek legal counsel who will handle your case on a contingency fee basis. If your medical bills exceeded $10,000, it sounds like you have a case worth a fairly high amount. If a year has not passed, get to a lawyer ASAP!
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