Legal Question in Personal Injury in Louisiana

I bumped a lady car with my had a red light there was no damage the law was not calledthis was a tues. but I give her my first name and number the next day she called and said she had 630.00 told to get me the estiment she called right back and told me 1100. to 1500.00 of damage so I told her the samething I would get them and take care of it myself or let the insurance so she has called I left messages on wed. she said she was calling the law and tell them it was a hit run so on monday I called her and ask when I could pick up the estiments she there was no damage but because her kids where in the car to give 400. to 500. dollars i told her to let me talk to my husband two day later she said she was going to take her kids to dr if thats what she had to do to get her money on thur, she sent a text saying she would see me in court is there anything she can do a week and half later I have three message she left on my phone


Asked on 7/20/10, 10:58 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

She can't just demand money without any proof (estimates, invoices, something). I would save the messages she is leaving, "threatening" to take her kids to the doctor. Nobody whose kids are actually injured "threatens" to take them to the doctor to "get paid" if the kids are really injured. Also, while you should have both waited for the police, you did not commit a hit and run if you both exchanged information and she left too.

Lastly, something about this person just sounds fishy. There was some reason she did not want to call the police. I would bet that she is uninsured (which means she can't sue you, under Louisiana's "no pay no play" laws), she did not have the kids in safety seats, or her license is expired or suspended.

For future reference, insist on calling the police when you are in an accident, even if you are in the wrong. It is the only way to be assured that you won't be held for "ransom" against a possible hit and run charge later. And, the police will investigate her as well as you and find any problems which you could use as a defense in court later.

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Answered on 7/29/10, 7:18 am


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