Legal Question in Civil Litigation in Louisiana

property damage involving drunk driver

I was struck by a drunk driver who then fled the scene. she was located and arrested, she had insurance but they don't wanna pay for my damages. I had a estimate done for $4600.00 but the insurance company states that they'll only pay for $1600.00 it's already been over a month and my vehicle still hasn't been repaired how much due they have to pay?


Asked on 5/12/02, 11:31 pm

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: property damage involving drunk driver

They are responsible for all property damages arising out of the accident IF their insured was liable. However, they are only responsible up to policy limits or if the car is totalled, for that amount, but again only up to policy limits. So, if your car is only worth $1,600 but to fix it would cost $4,600, they are only responsible for the value of the car. If it is certain that their insured was liable, then they have an affirmative duty to fairly and quickly adjust the claim. In some cases the company may be liable for penalties, not dependant on the policy limits, for failure to timely adjust a claim. Timely could be as short as 14 days. Get an attorney.

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Answered on 5/13/02, 10:50 am
Andrew Casanave Andrew M. Casanave

Re: property damage involving drunk driver

The insurer is responsible for all general and special damages within policy limits.

Get a lawyer immediately!

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Answered on 5/13/02, 9:09 am


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