Legal Question in Traffic Law in Louisiana

I was in an accident and this lady clipped me and they deemed it as my fault. She must have been traveling very fast because I was 1/3 to 1/2 into my lane and she already had whipped into the righ turn lane and clipped me. I asked a question earlier and got response about this. The response said to go into the local police and speak

With the traffic division and put an additional statement on the police report. The police wrote it up as my fault even though I don't feel at all it was. Will going going to the police dept and talkin with the traffic division even make any difference In the matter of whose insurance will pay for the damage. Bottom line I am being blamed for fault and it was not my fault. No witnesses came fourth at all.


Asked on 2/18/12, 1:30 pm

2 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Yes it will matter as to insurance. There were no witnesses and the officer must make a decision via observation after the fact and the two persons involved in the accident. If her car was struck in the rear, there is an assumption that you could have avoided the accident. Your version may help dispute that. You said no one was ticketed. That normally indicates an unavoidable situation and there is no determination by the officer as to fault. If there was no ticket but the officer made a determination of fault, again, a supplementary report giving the entire sequence of events will help the insurance company make the proper call.

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Answered on 2/23/12, 5:16 am


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