Legal Question in Personal Injury in Louisiana

Auto Accident

My best friend is being sued for an auto accident that occured May '07. The car in front of her hit a truck, cause my friend to stop suddenly. When she stopped, the person behind my friend hit her, causing her to hit the vehicle in front of her. The woman who initiated the wreck is suing for medical bills that my friend's insurance co. did not cover and also for pain & suffering, loss wages, & loss of enjoyment of life. The police report had items whited-out and changed causing my friend to appear 'at fault'...also, a witness who already made a statement, retracted it, and it was also whited-out. The vehicle that was hit by the plaintiff drove off and later filed an insurance claim against the plaintiff. Can the plaintiff really sue my friend and win??? This is all so complicated, and it happened almost a year ago. She is just a waitress, and receives food stamps for her and her child. There is no way she can afford to pay this woman!!!


Asked on 2/27/08, 6:38 pm

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

Re: Auto Accident

Anyone can sue anybody. Winning is something else. If your friend had liablity insurance, then her insurance company owes her a defense and must pay an attorney to defend her. You said her insurance company "did not cover" some medical bills. That does not make sense since any damages that the Plaintiff suffered in the accident are covered up to your friend's policy limits IF your friend is determined to be responsible for her injuries. BTW your friend needs to bring an action against the person who hit her and pushed her into plaintiff.

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Answered on 2/28/08, 8:08 am
Andrew Casanave Andrew M. Casanave

Re: Auto Accident

First: Anybody can sue anybody. That does not mean they will win. They might even have to pay damages for filing a frivolous lawsuit.

Second: Your friend's insurance company has a "duty to defend" her. She should contact them to provide her with a lawyer.

Third: If things are "whited-out" on the accident report my first question is, "Is that the plaintiff's (the person filing suit) copy of the report?" Your friend can buy her own copy from the police and compare the reports.

Fourth: Your friend's insurance company "did not cover" some things. If the insurer covered anything at all, the plaintiff probably signed a settlement with the insurance company holding her and her insurer "harmless". If so this is a frivolous lawsuit and your friend might be able to get damages from the plaintiff. If they paid nothing then they probably decided that your friend (and her insurer) owed nothing.

Your friend needs to contact her insurer immediately.

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Answered on 2/27/08, 8:10 pm


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