Louisiana is known as a “direct action” state which allows those injured in an accident to name the insurance company in their lawsuit. In many cases, this can be beneficial to the injured party as juries may be more likely to award a settlement when they know an insurance company will be paying the claim rather than the defendant. However, Louisiana operates under a one-year statute of limitations for automobile or motorcycle accidents meaning the injured party has only one year from the time of the accident in which to file a claim for damages against a third party.
If you have uninsured motorist coverage, the law provides a two year “prescription period.” However, the uninsured motorist insurer is not responsible for any damages owed to you up to the amount of the liability insurance applicable to the third party that caused the accident. Thus, if the person that injured you has a policy of insurance which provides coverage of $15,000.00 per person for bodily injury, you will lose the right to collect the first $15,000.00 of your damages if you do not file a lawsuit within one year of the accident.
Gary P. Koederitz of Koederitz Law Firm has years of experience dealing with the aftermath of motorcycle accidents. He understands the trauma his clients have experienced, and he will work aggressively to ensure that you receive an equitable settlement. Mr. Koederitz will work to recover all of the damages you sustain, including pain and suffering, disability, medical expenses, lost wages, and other damages. Call us today at (225) 295-9494 for a free consultation.
