Posts tagged insurance coverage
Is there Insurance Coverage if I am Injured in a NEW ORLEANS Bicycle Accident?

Bicycle use is on the rise in New Orleans.  New Orleans adopted a Complete Streets ordinance in 2011.  As we have all seen, since that time, the City has more than doubled its bicycle lanes.  Blue Bikes is a bike share program that has recently launched in New Orleans, and the City has completed construction the Lafitte Greenway, making the use of bicycles for transport even more prevalent. The unfortunate downside to this is that we have more and more clients that are injured while using their bicycle in bicycle accidents and contact a New Orleans bicycle accident lawyer for guidance navigating how to make a claim for their damages.

What are the laws that apply to a New Orleans bicycle accident?

Although each case needs specific scrutiny, generally, if the bicycle accident is the fault of the other driver, in whole or in part, you can make a claim against them or their insurance or the insurance on the vehicle.  This is true even if you were partially at fault in causing the accident.  If the other driver or the owner of the vehicle do not have insurance or are under-insured, meaning that they do not have enough insurance to cover your injuries, you may be able to make a claim under your own insurance under your UM/UIM coverage even if you were riding your bicycle during the bicycle accident and not driving your car.  This may even apply if the driver flees the scene of the accident and you are unable to identify him or her.  Additionally, your policy may provide for coverage to pay your medical bills even if you are at fault for the accident.

Why should I consult a New Orleans bicycle accident lawyer?

It is important to consult a New Orleans bicycle accident lawyer soon after your accident so that she may investigate your case, obtain the police report from the bicycle accident, interview witnesses who may have witnessed the bicycle accident, and try to obtain video footage from surveillance cameras, crime cameras, or police cameras that may have captured the bicycle accident. An experienced New Orleans bicycle accident lawyer will be able to perform this investigation immediately. Additionally, she will be able to shield you from the insurance company, who may attempt to resolve your claim early, before you know the extent of your injuries, and for the lowest amount possible.

Insurance coverage issues can be complicated.  If you are involved in a bicycle accident in Metairie or New Orleans, it is important to consult with an experienced Metairie bicycle accident lawyer or a New Orleans bicycle accident lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.If you have been injured in a bicycle accident, we provide a free evaluation of your possible claim.

- Megan C. Kiefer is a partner and trial attorney at Kiefer & Kiefer, who specializes in personal injury litigation and has handled many bicycle accident cases. 

 This is being provided for informational purposes only and not for the purpose of providing legal advice.

 

 

 

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Can Same-Sex Couples Sue for Loss of Consortium following an Auto Accident or Other Injury?

In Obergefell v. Hodges, decided on June 26, 2015, the United States Supreme Court overruled Louisiana's ban on same-sex marriage, making same-sex marriage legal in Louisiana.

In doing so, the Supreme Court opened up a plethora of rights to same-sex couples; an often overlooked one is the right to sue for loss of consortium following an injury.

What is a loss of consortium claim?  Loss of consortium is a legal term used to describe the loss of love, companionship, or services a spouse may suffer if their loved one is injured in an accident.  The particularities of one's claim depends, of course, on the couple and the nature of the injuries, but this cause of action is meant to compensate a spouse for his or her detrimental alteration in lifestyle or loss of enjoyment of life resulting from the diminished relationship with the tort victim.  For example, if a spouse is unable to engage in activities she previously enjoyed doing with her spouse, such as vacationing, dancing, exercising, etc., filing a loss of consortium claim allows the spouse to directly recover for her loss. 

Since June 26, 2015, this cause of action is specifically available to same-sex spouses.   If you have been injured in a car accident or have suffered any other type of personal injury, contact us for a free consultation to discuss what claims you and your spouse may be able to allege. 

- Megan C. Kiefer is a partner at Kiefer & Kiefer.  She practices personal injury law and has filed loss of consortium claims on behalf of same-sex couples.

 This is being provided for informational purposes only and not for the purpose of providing legal advice.

Uber, Lyft, and Insurance Coverage for Ride Sharing Apps

 With the explosion in the popularity of ride sharing companies like Uber and Lyft, it is not surprising that more and more of our clients find themselves involved in car accidents with Uber or Lyft drivers. When our clients are injured in these car accidents, they are often concerned about whether or not there will be insurance coverage for the accident to cover a neck injury, a back injury, or other personal injury, whether or not they are entitled to compensation for their injuries, and how they go about making a claim.

Can I make a claim if I was a passenger in a Lyft? Will the Uber driver’s personal insurance cover her for the accident she caused? What if the Uber driver did not have a rider in his car when he hit me?  Does Uber have uninsured motorist coverage if the other driver is uninsured? We are happy to tell our clients that in the vast majority of cases, Uber or Lyft’s insurance policies will provide insurance coverage for these types of accidents.

While each case needs individual scrutiny of the specific facts to determine if a claim can be made and, if so, if there is any available insurance coverage, the good news is that ride sharing companies do provide insurance to their drivers.  In some cases, the amount of insurance coverage can be significant.  These policies may protect you whether you are a passenger in an Uber, driving your vehicle and are involved in an accident with an Uber driver, or even if you are driving for Uber at the time of the accident.

If you or someone you know was injured in an accident with an Uber or Lyft driver and you have questions about making a claim, we provide a free consultation to help you determine what insurance coverage may be available to you. If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury lawyer or a New Orleans personal injury lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.

- Chris M. Short is an associate at Kiefer & Kiefer.  He has experience litigating cases with ride-sharing companies.

This is provided for informational purposes only and not for the purpose of providing legal advice.

 

 

   

 

 

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