Lafayette Negligence Lawyer | Lafayette Direct Action Statute Lawyer | Lafayette Insurance Lawyer

Lafayette Personal Injury Lawyers can sue the insurance company of the person who injured you.

Understanding Louisiana's Direct Action Statute:

Louisiana is one of the few states in the country with a direct action statute. A direct action statute allows an injured person (the plaintiff) to sue the insurance company of the person or entity who caused their injury directly. In other words, the plaintiff does not even need to sue the person who hurt them to be able to sue the insurance company. They can skip right to suing the insurance company. The insurance company defends itself and is entitled to most of the same rights and defenses in court as the person who caused the injury would have been. This means that time limits and other procedural concerns still apply, but things like spousal immunity generally do not. Insurance companies are armed with good lawyers, and you should be too. Contact one of the experienced Lafayette Personal Injury Attorneys listed here to help you get the justice you deserve. A Lafayette personal injury attorney will be well versed on who to sue and what parish to file the personal injury lawsuit.

I'm being sued! Will my insurance company pay?

This is a very complicated issue, and depends on the specific facts of your case. In general, a Louisiana insurance company is only required to defend against a claim for which you are covered. Contact one of the Louisiana Personal Injury Lawyers listed on this site today to discuss your case.

To which types of cases does Louisiana's Direct Action Statute apply?

Lafayette Direct Action Law applies in any accident where an injury occurred in Louisiana and the person at fault was insured, the Direct action statute applies. Some common examples are car accidents, slip-and-fall cases, and professional malpractice cases.

The Lafayette, LA "No Pay - No Play" law can affect your recovery:

In an effort to reduce the cost to society from uninsured drivers, Louisiana has reduced the right of uninsured drivers to recover damages after Lafayette car accidents. Lafayette drivers who do not carry liability insurance cannot recover the first $15,000 of bodily injury damages or the first $20,000 of property damages after an accident (RS 32:866 Compulsory motor vehicle liability security; failure to comply; limitation of damages). This law has many exceptions, and generally does not apply to passengers. If you or one of the other drivers involved in an accident did not have insurance at the time of the wreck, contact a Lafayette Car Accident Lawyer to learn your rights.

The following are Lafayette area Insurance Companies that could potentially be defendants under the Louisiana Direct Action Statute:

114B Arnould Boulevard
Lafayette, LA 70503
(337) 981-0123
1913 West Congress Street
Lafayette, LA 70506
(337) 237-3108
315 South College Road
Lafayette, LA 70503
(337) 234-9803
The Erny Insurance Agency‎
801 West Congress Street
Lafayette, LA 70501
(337) 234-6246
514 Johnston Street
Lafayette, LA 70501
(337) 233-3400
400 E Kaliste Saloom Rpad Suite 5150
Lafayette, LA 70508
(337) 261-9800
200 West Congress Street
Lafayette, LA 70501
(337) 291-2510
1401 West University Avenue
Lafayette, LA 70506
(337) 232-8789

The following is the actual text of Louisiana's Direct Action Statute:

RS 22:655.  Liability policy; insolvency or bankruptcy of insured and inability to effect service of citation or other process; direct action against insurer

A.  No policy or contract of liability insurance shall be issued or delivered in this state, unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not release the insurer from the payment of damages for injuries sustained or loss occasioned during the existence of the policy, and any judgment which may be rendered against the insured for which the insurer is liable which shall have become executory, shall be deemed prima facie evidence of the insolvency of the insured, and an action may thereafter be maintained within the terms and limits of the policy by the injured person, or his or her survivors, mentioned in Civil Code Art. 2315.1, or heirs against the insurer.  
B.(1)  The injured person or his or her survivors or heirs mentioned in Subsection A, at their option, shall have a right of direct action against the insurer within the terms and limits of the policy; and, such action may be brought against the insurer alone, or against both the insured and insurer jointly and in solido, in the parish in which the accident or injury occurred or in the parish in which an action could be brought against either the insured or the insurer under the general rules of venue prescribed by Code of Civil Procedure Art. 42 only.  However, such action may be brought against the insurer alone only when:
(a)  The insured has been adjudged a bankrupt by a court of competent jurisdiction or when proceedings to adjudge an insured a bankrupt have been commenced before a court of competent jurisdiction;
(b)  The insured is insolvent;
(c)  Service of citation or other process cannot be made on the insured;
(d)  When the cause of action is for damages as a result of an offense or quasi-offense between children and their parents or between married persons;
(e)  When the insurer is an uninsured motorist carrier; or
(f)  The insured is deceased.  
(2)  This right of direct action shall exist whether or not the policy of insurance sued upon was written or delivered in the state of Louisiana and whether or not such policy contains a provision forbidding such direct action, provided the accident or injury occurred within the state of Louisiana.  Nothing contained in this Section shall be construed to affect the provisions of the policy or contract if such provisions are not in violation of the laws of this state.  
C.  It is the intent of this Section that any action brought under the provisions of this Section shall be subject to all of the lawful conditions of the policy or contract and the defenses which could be urged by the insurer to a direct action brought by the insured, provided the terms and conditions of such policy or contract are not in violation of the laws of this state.  
D.  It is also the intent of this Section that all liability policies within their terms and limits are executed for the benefit of all injured persons and their survivors or heirs to whom the insured is liable; and, that it is the purpose of all liability policies to give protection and coverage to all insureds, whether they are named insured or additional insureds under the omnibus clause, for any legal liability said insured may have as or for a tort-feasor within the terms and limits of said policy.

A Lafayette Personal Injury Attorney Sues Insurance Companies to Protect Your Rights

Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.

If you or a loved one is in need of an attorney to sue an insurance company, whether it be for something they have done to you directly or under the Louisiana Direct Action Statute for the actions of one of their policyholders, contact a Greater Lafayette area personal injury attorney on this site for a free initial consultation.