Legal Question in DUI Law in Louisiana

Re: Leaving a family gathering intoxicated and causing an accident

Dear LawGuru Friend,

As an experienced accident claims lawyer, I would know how to handle your case in such a manner as to obtain for you what you want. Whether or not I can tell what I know to you is another matter. First of all, if you do represent yourself in handling your own claim, you will either accept a figure that the insurance company is willing to pay, and that you are willing to accept, or you will be forced to hire counsel to handle your claim for you and/or file suit and litigate the matter. During the litigation expert witnesses will be required to establish value of the vehicle before and after the accident, as well as value before and after the repairs; as well as whether or not it is even economically feasable to even make the repairs.

Secondly, yes, you can hold the homeowner responsible for plying the driver with alcohol and causing your damages. You just have to do it, put them on notice of a claim, and hope they have insurance that will cover them. Also, if you had bodily injuries as a result of the accident, you can use such bodily injuries as leverage to make the insurance company treat you fairly on the matter of property damage. There is more to it all than this, but this is something to think about. If no bodily injuries, then you might want to try to settle your own property damage claim with the insurance company without the assistance of legal counsel. If you have bodily injury and property damage, I suggest you consider strongly hiring counsel. I am a big believer that claimants come out better, even after they pay their lawyers a percentage of their settlement or verdict, than if they handled their claims themselves. As I might have said, there is more to it all than this, but this is somethint to think about. Best of luck!

Oh, yes! Do not forget to seek compensation for the loss of the use of your vehicle: a reasonable value for loss of use of your vehilce while it is being repaired; or, if totalled, a reasonable sum for the loss of use during the period it took you to obtain another vehicle, based on the assumption that you had money to replace your vehicle. In other words, just because the insurance company is slow reimbursing you for the loss of yor vehicle in a total loss situation, does not mean you can collect damages for loss of use from the time it was totalled until they give you the money to purchase a replacement vehicle. Also, do not overlook loss of sales taxes and title transfer fees that you are entitled to collect for in the case of a total loss and replacement.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA