One of the driving requirements for Louisiana drivers as well as drivers throughout the country is to possess insurance. It is actually a violation of the law to drive without insurance. This insurance requirement arises from the reality that car accidents happen rather frequently.
The need and existence of insurance changes the legal landscape when an accident actually does occur. A recent lawsuit filed by a Louisiana man reveals the different considerations that come into play.
The man claims that he was involved in a hit and run car collision in February 2013. He was apparently turning onto a road when another vehicle rear-ended him and then drove off. The man alleges that he sustained damages to his car as well as physical injuries.
Because the accident involved another unknown driver the man decided to sue this unknown individual as well as his own insurance company. The man argues that his insurance agreement provides for compensation for uninsured drivers and that his insurance company failed to compensate him for his different expenses.
Often victims of a car accident may think that the only person for whom they can recover damages is the other driver, who caused the accident. This is not the case. Contract law may also come into play because of the existence of an insurance agreement and trigger certain responsibilities on behalf of your insurance provider.
If this is the case, Louisiana residents can then actually maintain lawsuits against their insurance companies to recover for their losses. Realizing this other potential defendant is very important to getting a full recovery -- especially in a hit-and-run situation.
Source: Louisiana Record, "Man sues auto insurer after alleged hit and run car accident," Kyle Barnett, Feb. 6, 2014