Louisiana's no-pay, no-play car crash

Louisiana’s “No-Pay, No-Play” Statute

Louisiana’s No-Play, No-Pay Law Stops Car Crash Victims From Recovering

Louisiana’s No-Pay, No-Play law bars uninsured and underinsured drivers from collecting the first $15,000 of bodily injury damages. It also prevents the uninsured from recovering the first $25,000 of property damages after a car crash. Even if the other driver is at fault, an uninsured driver will have to cover the first damages.  This includes medical costs up to $15,000 and car repairs up to $25,000.

Car crash victims sometimes are left without an ability to recover damages. The Insurance Research Council (IRC) estimates that approximately 14 percent of all motorists in the U.S. are uninsured – nearly one out of every seven drivers. States, such as Louisiana that have a high number of uninsured drivers, also tend to have higher insurance costs. We are all frustrated by high insurance rates! That is because accidents caused by uninsured drivers cause insurance companies to lose money, and to charge more for insurance.

Here’s how the “No-Pay, No-Play” Law works

If the At Fault Driver Does Not Have Insurance At The Time Of A Car Crash

The insurance company of the person who is ‘at fault’ for a car crash is generally responsible for paying the cost of repairs to the innocent driver, who was not at fault. But, if the ‘at-fault’ driver does not have insurance, then the innocent driver will have to rely on their own insurance after a car crash. Usually, when a person files a claim against their own insurance company, the insurance company will pursue the other party’s insurance carrier through a process called subrogation. However, if the at-fault driver does not have insurance, the innocent driver’s insurance company must try to collect funds directly from the driver.

Usually, if a person is uninsured, and caused a car crash, then it is a good bet they do not have assets that the insurance company can seize to cover their loss. So, the insurance company will have to increase the premiums for its customers in order to offset the lost money spent on claims after a car crash.

Uninsured Drivers in Louisiana

Louisiana is the second most expensive state for auto insurance – partly because of its high number of uninsured drivers. In an effort to reduce insurance premiums for its consumers, the state legislature passed Act 1476, known as the Omnibus Premium Reduction Act. One part section of this comprehensive law was the Louisiana No-Pay, No-Play provision, enacted to penalize uninsured and underinsured drivers while encouraging them to purchase adequate levels of insurance.

The goal was to reduce insurance rates.

Louisiana Law (La. R.S. § 32:866)

The statute reads, in part:

“[t]here shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.”

Exceptions to Louisiana’s No-Pay, No-Play Law

There are exceptions to the law in very limited circumstances.  These include:

  • Only the state-required minimum liability insurance, not full coverage, is required to be exempt from the “No-Pay, No-Play” law.
  • Does not apply to legally parked cars.
  • The law does not apply to drivers from another state if their state did not require them to have liability insurance at the time of the car crash.
  • Does not apply if the other driver is convicted of driving while intoxicated, intentionally causes the wreck, fled the scene, or was furthering the commission of a felony at the time of the accident.
  • The law does not apply to a passenger’s claim unless the passenger is a co-owner of the uninsured car.

Those opposed to No-Pay, No-Play contend that uninsured drivers don’t have insurance because they can’t afford it. They claim that the law simply punishes people who are already having hard times.

However, proponents of the law argue they are necessary for the name of fairness. They state that uninsured drivers shouldn’t be rewarded by a system they did not pay into. And, shouldn’t benefit from law-abiding drivers’ insurance, while denying that same privilege to any drivers they themselves happen to hit.

No Pay, No Play Laws Nationally

Currently, 11 states have some version of No-pay, No-play laws on the books: Alaska, California, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, New Jersey, North Dakota, and Oregon. Unlike Louisiana, many states with No-pay, No-play limitations on car crash claims, are only on noneconomic damages. This would include items such as pain and suffering, mental anguish, and loss of companionship. Economic damages, the uninsured motorist’s actual medical bills, and property damage are typically still recoverable in these jurisdictions.

Louisiana is the only state whose law specifically enumerates No-pay, No-play deductible amounts.  These are equal to the state-required minimum bodily injury and property damage liability coverages for motorists.

Contact injuredGo.com if you have questions about your car crash claim.


Expert Testimony personal injury

Abraham Lincoln – Quality Legal Services

When Abraham Lincoln practiced law, he provided quality legal services.

Perhaps Lincoln’s greatest asset as a lawyer was his ability to simplify cases, and provide quality legal services. He was able to reduce even complex cases to a few key points. He put legal disputes into simple focus. He had a gift for brevity and clarity. Lincoln’s special talent was logical oral argument and not legal research. He had an uncanny ability to ‘read’ juries and influence them with his persuasive arguments. Lincoln always had a law partner. Lincoln’s fees were usually in the $5 to $20 range, but he once charged $5,000. Lincoln represented the Illinois Central Railroad throughout the 1850’s. In the McLean County Tax case, a case Lincoln won for the railroad, he charged his largest fee ever: $5,000, but he had to sue the railroad to collect his money.  Full Story

Some firms today, represent personal injury victims in a settlement mill fashion.

Today’s times are far more complex.  At InjuredGo.com Personal Injury Law Firm, LLC, Ed Kramer strives to give you the personal service and attention that you deserve from a professional.  But, unlike Abraham Lincoln, InjuredGo.com knows that a pool of talent is better for your case- to simplify the issues and help prove your damages.Abraham Lincoln

Expert witnesses are essential in many personal injury cases.

Expert testimonies usually occurs in cases involving:

  • Physics
  • Engineering
  • Statistics
  • Violation of standards
  • Violations of safety rules
  • Violations of custom and practice
  • Permanent injury
  • Causation
  • Issues pertaining of standard of care in medical or legal malpractice cases

The most common use of an expert in a personal injury case is probably the treating physician.  He is needed to place the issue of permanent disability and causation before the jury.  For example, to prove that a plaintiff has a permanent back injury and that it was caused by the accident in question, the plaintiff’ attorney needs to call either a treating physician or a hired expert to testify that the injury is permanent and caused by the accident.   In most personal injury cases, a treating physician or hired expert may be called to testify, or at least their records and opinions therein obtained.   The more complex the case, the more experts will generally be called, or otherwise utilized.

Ed Kramer has worked with many experts in many fields.  In preparing your case, we use expert testimony when necessary to let the insurance company know that we are ready bring your case before a jury.  If the a reasonable, or even maximum award is not offered, the insurer knows it is likely to face a trial, which is more expensive and involves more risk.  But your case is worth putting all efforts toward it, and to achieving the highest possible settlement or award.

Call us today at (225) 933-1500 or visit InjuredGo.com

Road Construction Projects Dangerous for Workers and Motorists

road construction accident

Many Accidents Occur During Road Construction Projects

Working on the side of a roadway, a road construction project or construction site has inherent dangers. Roadway workers know that and take great pride in following safety standards to keep themselves and their crews safe. Often, truck mounted attenuators – a high-tech accordion-like device on the back of a vehicle – protects crews by absorbing the blow from a vehicle entering the work zone. Automated Flagger machines are being used in areas where it’s just too dangerous to have someone standing next to traffic.

But construction zone accidents still occur and sometimes it because of a faulty design, not following the construction plan or a wayward motorist.

Attorney Ed Kramer has tried cases involving road construction accidents. These type of accidents can involve persons becoming injured in a car crash into another car; or because the road surface is somehow compromised and unsafe. One such case resulted in an award to Attorney Kramer’s client of our $1 million.

Often, when you enter upon a road construction project, as a motorist, you are routed to a lane of travel determined by barriers and markings. Sometimes this plan of routing is flawed or dangerous.  It can lead to car accidents. These accidents can involve personal injuries and even death.  Some that Ed Kramer has handled involve brain injuries.  These are all very serious and very unfortunate.

Consider InjuredGo.com for your personal injury claim if you are hurt in a construction zone. From car accidents to big truck wrecks, we will handle your case professionally.

Auto Accident Ed Kramer

Which Car Accidents Can Raise Your Insurance Rates?

Some Car Accidents Can Raise Your Insurance Rates

From NASDAQ, Inc.  HERE

Accidents happen, and assuming no-one was hurt, the most important issues in their aftermath might be their impact, if any, on your auto insurance rates for next year. Knowing what affect is likely can help you decide whether to make claim for a fender-bender, or allow you time to brace yourself for a premium increase next year. Alternatively, you may want to take preemptive steps now to minimize a hike, such as enrolling in a defensive driving course.

Here’s how insurance companies generally determine whether a mishap will in fact be found “chargeable” to you and your record. Whether that finding actually raises your premium depends on a host of factors, including your driving record in other respects and if and when you have made other claims in the recent past.

The Claim’s Cost Is A Factor
The factors we found best determine whether you’ve had an accident that’s “chargeable”–as in one that will go on your record, and perhaps trigger a rise in your premium when you renew your insurance–begin with the mishap’s financial severity.

Our research finds that a claim needs to be at least $500 to be considered a chargeable accident with the major companies, but you should check with your company to confirm their threshold. Our research finds it to be $500 for some companies, and $750 for others–with those totals typically reflecting property damage including to the vehicles involved), liability coverage and collision coverage combined.

The Police Report Is Also Important
Insurance companies generally use accidents in which you are at least 50% at-fault to determine your quotes, and you can be sure most of them will increase your rates.

To do, they typically draw on the official report from police at the scene in your accident. Within that report is an officer’s objective analysis of the situation, including an opinion on whether a specific traffic violation was broken, or whether drugs or alcohol played a role. The report may even specify whom the officer thinks was at fault.

Fault Is Clear-cut For Some Accidents
As we noted, who is deemed at fault is generally key to an accident’s “chargeability.” For a few types of accidents, there’s little or no grey area regarding fault. One such accident is a “rear end collision”. Highway laws generally say that a driver needs to maintain a safe stopping distance. Rear-ending someone is generally presumed to be a violation of that law, giving the person who was struck a legal reason to prove the other person’s fault.

Even so, while the majority of rear end collisions assign fault to the rear driver, there are instances where fault will not be assigned at 100%. If the front driver has a broken tail light, was distracted, the driver at the rear can point out those factors, which may result in the fault assigned to dip from full to partial, or even to none at all. Another claim that is hard to fight is a “left turn accident,” in which a driver making a left turn collides with a driver coming in the opposite direction. Rules of the road dictate that a driver waiting to make a left hand turn must wait until traffic is clear, meaning you are almost always at-fault if you were the left-turning driver. Some exceptions will of course exist- including if the other driver was going over the speed limit, or they ran a red light.

Some Accidents Are Exempted From Fault
Car insurance companies may not assign fault to you for certain types of accidents. Those may include those in which a bird or animal struck the vehicle, a hit-and-run driver was involved, or the other driver was charged with a moving violation. Accidents that resulted from tire failure are also often exempt. You’re also generally off the hook if you’re a full-time firefighter or law enforcement officer of a municipality who had an accident while you were performing your duties.

injuredGo.com represents personal injury car accident victims.

Jury Trial InjuredGo.com

Insurance Company Refuses Offer to Settle

Insurance Company Refuses Offer to Settle of $25,000; Jury Awards $4.4 Million

Following a 2015 Gwinnett County, GA verdict awarding $3.7 million to a man whose back was injured in an auto accident, his lawyers collected another $700,000 in attorney fees after the insurance company refuses offer to settle under Georgia’s offer of settlement statute.

The insurance company refused multiple offers to settle for her policy limits of $25,000 early in the litigation, and later declined a $475,000 settlement offer. The insurer offered to pay $11,000 in response to the early demands meant it was aware that its driver bore some liability.  The plaintiff had $13,000 in medicals and made a $25,000 demand.

The lead attorney for the defendant insurer, Waldon Adelman Castilla Hiestand & Prout partner Daniel Prout, Jr., did not respond to requests for comment concerning the settlement.

The accident happened in 2012 when a Chevrolet Colorado driven by Walter Smalls was struck by a Lincoln Navigator driven by Maria Camarillo. Smalls’ 18-year-old daughter, a passenger in the pickup truck, was the more seriously injured, although Smalls suffered abrasions to his face and a leg injury. After he was released from the hospital, Smalls experienced a sharp pain in his back that continued to worsen despite treatment. Then a 47-year-old electrician, Smalls ultimately required surgery and had to give up his profession, his lawyers said.

Camarillo’s insurer, Omni Indemnity, paid her $25,000 policy limits to Smalls’ daughter after a pretrial demand but refused four policy limit demands on Smalls’ behalf. The insurer responded with an offer of $11,000 and continued to decline policy limit demands as Smalls’ medical bills mounted. After Smalls sued in Gwinnett County State Court in 2013, the insurer offered Camarillo’s $25,000 limit during a mediation, which was declined. In 2014, Omni Indemnity turned down the $475,000 offer of judgment, and a few months before trial it rejected a demand for $1.2 million.

Following a four-day trial before Judge Pam South, the jury returned a $3.7 million verdict in November 2015.  Full Story

Call InjuredGo.com if you feel that you have a case and want to be treated fairly by the Insurance Company.  (225) 933-1500

texting and driving personal injury

Texting Accident Injuries Caused by a Distracted Driver More Common than Ever

Shocking Statistics: More Texting Accident Injuries Than Ever

The numbers illustrating the dangers of cell phone texting accident injuries while driving are downright startling. In fact, at any given time throughout the day, approximately 660,000 drivers are attempting to use their phones while behind the wheel of an automobile.

Cell phone distraction rates are alarmingly high. We hope with a little information, you’ll make the right decision when you’re on the road.

General Cell Phone Statistics

  • The National Safety Council reports that cell phone use while driving leads to 1.6 million crashes each year.
  • Nearly 330,000 injuries occur each year from accidents caused by texting while driving.
  • 1 out of every 4 car accidents in the United States is caused by texting and driving.
  • Texting while driving is 6x more likely to cause an accident than driving drunk.
  • Answering a text takes away your attention for about five seconds. Traveling at 55 mph, that’s enough time to travel the length of a football field.
  • Texting while driving causes a 400% increase in time spent with eyes off the road.
  • Of all cell phone related tasks, texting is by far the most dangerous activity.
  • 94% of drivers support a ban on texting while driving.
  • 74% of drivers support a ban on hand-held cell phone use.
  • Teen Driver Cell Phone Statistics

11 teens die every day as a result of texting while driving.

  • According to an AAA poll, 94% of teen drivers acknowledge the dangers of texting and driving, but 35% admitted to doing it anyway.
  • 21% of teen drivers involved in fatal accidents were distracted by their cell phones.
  • Teen drivers are 4x more likely than adults to get into car crashes or near-crashes when talking or texting on a cell phone.
  • A teen driver with only one additional passenger doubles the risk of getting into a fatal car accident. With two or more passengers, they are 5x as likely.
  • 2013 U.S. Cell Phone and Driving Statistics

In 2013, 3,154 people were killed in distraction-related crashes. About 424,000 people were injured in crashes involving a distracted driver. In 2013, 10% of all drivers ages 15 to 19 involved in fatal accidents were reported to be distracted at the time of the crash.Researchers from the University of Washington monitored

Injured By a Texting Driver? Contact Us Today

As cell phone use and driving become a national problem, the chances of being involved in a car accident with a distracted driver increase. If you’re ever injured by the carelessness of another driver, contact our law firm for a free consultation.

There’s never a fee to call and speak with us, and you’re never obligated to hire our law firm after you call. Get the answers you need.  InjuredGo.com Law Firm stands ready to help you.  Contact us at (225) 933-1500 or visit www.InjuredGo.com

Uber yellow cab verdict personal injuries

$26 Million Verdict Upheld Against Yellow Cab: Implications for Uber?

$26 Million Verdict Upheld in Taxicab Car Crash

A divided state appeals court has upheld a $26 million jury verdict awarded to a Chicago lawyer injured in a 2005 taxicab crash near Hinsdale, saying the Yellow Cab taxi affiliation must pay out for the accident because the injured passenger believed Yellow Cab was the driver’s “apparent agent,” even though Yellow Cab did not employ the driver and a Cook County trial judge refused to let YCA show the jury key evidence on how extensively all cabs are controlled by Chicago City Hall.

This is an interesting set of facts, although a tragic injury, because Uber operates on the same “independent contractor” platform.  When an Uber driver causes or is involved in an accident, insurers will surely point fingers, but not at themselves.

On March 16, a three-justice panel of the Illinois First District Appellate Court ruled 2-1 to let stand the verdict in favor of plaintiff Marc Jacobs, as the majority said they did not believe YCA had demonstrated Cook County Judge Daniel J. Lynch had abused his discretion in limiting what YCA could tell the jury about the impact of city regulation on the appearance of its cabs, and the misunderstanding this can create in the minds of passengers and the public as to who the otherwise independent cab drivers actually work for.

A Cook County jury had found in favor of Jacobs, awarding him and his wife a combined $26 million in damages. injuredGo.com Personal Injury Law Firm also handles car accidents and Big Truck Wrecks.

The case centered on an Aug. 31, 2005, single-vehicle crash off the Interstate 294 exit ramp leading to Hinsdale, involving a Yellow-branded taxi driven by Cornelius C. Ezeagu.

Jacobs had entered the cab at a taxi stand in Chicago’s River North neighborhood, across from a restaurant at E. Grand Ave. and N. Rush Street where Jacobs had been dining with a “longtime client.” After his client left in her private car, Jacobs asked Ezeagu to take him home to Hinsdale.

On the exit ramp from I-294, however, Ezeagu’s minivan left the curved ramp, “went airborne for 32 feet, struck the ground and continued forward over a grassy drainage area, and then crashed into a concrete retention wall,” according to court documents.  Read entire story HERE.

Best plan? But uninsured/underinsured motorist’s coverage, and perhaps an umbrella policy.  Have health insurance.  And, if something happens contact the InjuredGo.com Law Firm at (225) 933-1500.  We want to help.

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