Legal Question in Personal Injury in Louisiana

I was in a car accident several months ago. The other driver was at fault and was cited in the accident. Since then I have been given the runaround by the other guys insurance company. I own my vehicle outright and its value pre-accident was around $12,000. The vehicle was not drivable after accident and I am currently in a rental (paying out of pocket). I have estimates of $5,500 and $5,400 from two repair shops. The adjuster gave me his estimate and a check for $3,200. I have not cashed the check. I have talked to at least 12 different claims reps most telling me what they will not pay for including rental car, tow-bill and the estimate from the repair shop. My questions are: Is there a law or rule in Louisiana that says body shops must abide by insurance company estimates? Reason being, I was just at a body shop (unrelated to this matter) when two separate people walked in a requested repair estimates. The shop manager inquired about the insurance company and told them it would be waste of his time to submit an estimate. He instructed them to get and adjusters estimate bring it back to him and he would see if he could repair the vehicles for what the insurance company wanted to pay. My next question is: If I decide to file suit and hire an attorney can I sue for attorney fees?

Thank,

Wayne


Asked on 9/23/09, 2:59 pm

2 Answers from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

If insurance companies treated people fairly, I'd be out of a job. They have to pay for your rental car and they have to pay the repair costs. The body shop does not have to accept the insurance adjuster's estimate. While most body shops will try to get the car repaired for what the adjuster estimates the repairs, the cost is what it is and the insurance company has to pay 100% of that cost. If you hire an attorney, you will not get your attorney's fees reimbursed, but the attorney will only take a portion of the personal injury settlement or judgment. He will not take any part of the property settlement.

If you were not injured in the accident, you can still hire an attorney, but you will have to pay out of your own pocket for that.

There is one last option. If you have full coverage, you can go through your own insurer and get them to pay for everything and get reimbursed from the other insurance company.

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Answered on 9/28/09, 3:07 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Lambert is right. By doing it yourself and now asking for "free" advice, you have cost yourself a bunch of money. You should collect all that you have coming based on "valid" assessments, not "the insurance company", the "repair shop" or even your own estimates. By the way, have you already told the "honest and fair insurance adjuster, that no one was injured in the accident?

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Answered on 9/28/09, 6:40 pm


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