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Insurance Issues

Assessing Pre-Existing Conditions after Louisiana Crashes

Insurance Issues

How Pre-Existing Injuries Factor into Your Auto Insurance Claim Settlement

Your Insurance Company May Owe You Settlement Money

If you have been involved in an automobile accident in Louisiana, and you have UM insurance, one of your potential claims may actually lie against your own insurance company under your UM coverage.

One of the most important facts about your UM claim against your own insurance company is that your insurance company is legally required to make a good faith effort to settle the claim. Because you are negotiating with your own insurance company, under the insurance contract which you previously paid for, your insurance company must deal with you on a "good faith" basis. In fact, the Louisiana case of McDill requires that your insurance company actually tender a good faith settlement offer to you after you have provided proper evidence of your claim and damages. Typically this must be done within 30 days of providing proof of your claim and damages. This good faith McDill tender requires money being offered not only for your property damage to your car but also for any type of personal injury or economic damage that you have suffered.

If your insurance company fails to make a good faith McDill tender to you under the UM provisions of your policy, you may have a claim for bad faith against your own insurance company. Our office has filed several bad faith claims based upon our client's insurance company failing to make good faith settlement offers under the UM provisions of the insurance policy. This is an important claim because it puts significant pressure upon your insurance company to reasonably and quickly settle your claim.

Contact us if you have any questions about your rights under your own insurance policy or if you have specific questions about your insurance company's obligation of good faith and its McDill tender to you.

Still have lots of questions? Auto accident cases can be more complicated than you think. Don't make a small mistake that can cost you lots of money on your claim. Call our Louisiana auto accident attorneys immediately to get fast answers. Simply dial (866) 660-7220 now.