Louisiana Appellate Court Reverses Judgment for Insurance Company, Finding Factual Dispute Over Whether Insurance Policy was Valid

Although you may have a clear understanding of how another driver caused you to suffer injuries in a car accident, there may be substantial hurdles to overcome before you can obtain compensation from the other driver. One of the biggest impediments that you may face is your insurance company or the at-fault driver’s insurance company. An experienced Louisiana car accident lawyer can mean the difference between a long, drawn-out ordeal with the insurers or an efficient and timely resolution of your claim. There are ways to use the legal system to ensure that you receive the full amount of compensation that you deserve, as a recent appellate opinion illustrates.

In the case, a woman and her son were driving along a major road in Baton Rouge in June 2015 when the vehicle in which they were riding was struck from behind at a stoplight. The driver brought a legal action against the individual driving the vehicle that struck her car, and her son joined in the action. The woman and the son also sued the defendant’s auto insurance company.

In response to the lawsuit, the insurer argued that it was not liable for the injuries that the mother and son sustained, noting that the policy it provided to its insured was financed through another company. The insurer then pointed out that the defendant had failed to stay current with his insurance premiums and that the insurer terminated the policy one week before the collision occurred.

The trial court ruled in favor of the insurance company, and the plaintiffs appealed. On review, the appellate court agreed with the plaintiffs that the insurer was unable to prove that a valid and legal cancellation of the policy benefits took place prior to the accident. The insurance company had offered a copy of the initial policy documents and financing contract. But the plaintiffs argued that they were relying instead on a set of renewal documents that provided coverage to the defendant from January 2015 through July 2015. The insurer had failed to provide any financing information regarding the renewed policy. According to the appellate court, without proof of the terms that applied to the financing of the defendant’s renewal policy, there was no way to determine whether the policy had been canceled or remained valid.

If you are suffering from injuries that you sustained in a car accident or as a result of some other accident, you may be entitled to compensation. At Dué Guidry Piedrahita Andrews Courrege L.C., we make it our top priority to ensure that you are treated with the diligent, responsive, and compassionate legal counsel that you need and deserve during this stressful and confusing time. We offer a free consultation to help you understand your options and how we may be able to help you secure your right to compensation. Call us now at (225) 929-7481 or contact us online to get started.

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