Legal Question in Insurance Law in Louisiana
Insurance Claim
My wife and I were in a car accident with another vehicle. We were hit from behind. The accident happen July 1, 2002. How much time do I have to file a claim? I have a lawyer and he told me that my time for filing the claim laps. The accident happen in Louisana.
Asked on 12/18/03, 9:44 pm
2 Answers from Attorneys
Andrew Casanave
Andrew M. Casanave
Re: Insurance Claim
Under Louisiana law you have one year from the date of injury to file a lawsuit. Based on what you said your claim lapsed on July 1, 2003.
Answered on 12/18/03, 10:00 pm
J.Clayton Davie, Jr.
Davie & Davie, LLC
Re: Insurance Claim
Your attorney is correct. Under Louisiana law, you must file suit in a proper court within one year or your claim would be time-barred, i.e., prescribed, unless you can establish that the prescriptive period was "interrupted".
Answered on 12/19/03, 7:22 am
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