Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

On 8/12/17 my semi was parked at the TA travel center here…

Customer Question
Hello, On 8/12/17 my...

Hello, On 8/12/17 my semi was parked at the TA travel center here in Slidell,La when a Swift Transportation driver made a short right turn & side swiped my truck causing over $5000.00 in damages. The Police was called out and we swap info. I called the driver company and was setup with and adjuster she requested that I send over a detailed estimate with pics of damage I did, I explained to the adjuster that I am a owner/operator and I would need a rental truck while my truck was down she said that was not a problem to just send the invoices in and they would reimburse me my money, well they paid freightliner to fix my truck but will not answer my calls or emails but when I call from a different phone number and the adjuster realize it's me she either hang up or tell me there other caller ahead of me and she would call right back the amount owed to me is $ 3681.99 for truck rental8/13/17-9/9/17. My Question is what should be my next step in being reimbursed

Lawyer's Assistant: What state is this in? And how old is the truck?

Louisiana 2010 freightliner

Lawyer's Assistant: Has anything been filed or reported?

No not to a lawyer

Submitted: 10 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 22 hours by:
9/22/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 10 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,712
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Your next step is you need to send a written demand to the insurance company, together with copies of all of your invoices and inform them that their hanging up on you and failure to communicate constitutes bad faith handling of insurance claims and you will seek to pursue them for bad faith punitive damages.

La. R.S. 22:1892 and LA RS 22:1973, insurance companies owe their policyholders and third party claimants a duty of good faith and fair dealing. Among other things, these statutes require insurers to:

(1) pay the amount your claim within 30 days of satisfactory proof of loss;

(2) initiate adjustment of your claim within 14 days of notice;

(3) pay all settlement agreements in a timely fashion;

(4) not misrepresent pertinent facts or insurance policy provisions; and

(5) adjust your insurance claim fairly and promptly.

Failure to adjust claims in good faith can result in actual damages plus punitive damages of 50% of the total claim or $1000 whichever is greater under LA RS 22:1892 PLUS up to TWICE your damages (up to $5000) for unfair claims practices under LA RS 22:1973.

So if they refuse to pay as the LA law requires, you have two options and can exercise both. First, you need to notify your own insurer and start the process with them, as they have the duty to pay (if you have collision insurance) and then pursue the other insurer for reimbursement. Second, you can sue the other insurer for all of your losses, plus punitive damages provided by the LA statutes above.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 126,712
126,712 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
On January 10,2018 my truck was struck while stationary. I
On January 10,2018 my truck was struck while stationary. I was parked at a convenience store. I was not in the vehicle. The other driver was at fault. I got a copy of the police report. I spoke to my … read more
Ben S.
Ben S.
Owner
Juris Doctor
481 satisfied customers
I get new semi when it 130000 miles the engine light on
I get new semi when it 130000 miles the engine light on check engine light on it will shutdown the engine won't start again so I need tow the truck to Freightliner Houston fix it take two day and chan… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,712 satisfied customers
Can or will the ombudsmen bring charges against bad actors
Can or will the ombudsmen bring charges against bad actors in insurance companies? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,712 satisfied customers
Live in Texas, an individual pulled out in front of my truck
Live in Texas, an individual pulled out in front of my truck they were at fault. Their insurance company USAA had an adjuster 3rd party come to my home to asses my vehicle at which time they said it w… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter is 23, and had an auto accident, where the other
My daughter is 23, and had an auto accident, where the other driver was at fault, and currently going through a nightmare scenario trying to get anything from the other drivers insurance. Here is the … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My work truck was just hit my another car. The truck was
My work truck was just hit my another car. The truck was just purchased last week and I don't think the owner has insurgence or registered yet. The other driver said it's his fault and signed a docume… read more
LegalGems
LegalGems
Juris Doctorate
12,707 satisfied customers
On 8/27/16 my car was hit by a Budget freightliner truck in
On 8/27/16 my car was hit by a Budget freightliner truck in the parking lot where we were returning a rental car. Police came and gave the driver of the truck a ticket. I have made about 20-30 phone c… read more
Ray
Ray
Lawyer
Doctoral Degree
33,739 satisfied customers
Just bought a used freightliner truck on the 10th of
just bought a used freightliner truck on the 10th of january.. truck has been leaking oil after getting it home. dmv cited trcuk out of service and dealer will not trade or fix if it not out of my poc… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,712 satisfied customers
I have a open claim on my semi-truck the warranty covers
I have a open claim on my semi-truck the warranty covers engine and other parts. My adjuster has been trying to insinuate that I maybe trying to hold information to get my claim approved, I changed ad… read more
socrateaser
socrateaser
1,031 satisfied customers
In October 2014 The dealer, Freightliner in Fontana,
In October 2014 The dealer, Freightliner in Fontana, CA was hired to fix the truck on warranty. During the process a unsupervised trainee technician installed injector incorrectly.Then he started the … read more
Expert
Expert
My son brought in his 2014 Toyota truck to the dealership I
My son brought in his 2014 Toyota truck to the dealership I bought it from for service they returned it to him as being serviced and they did not put oil back in the engine. The oil light came on and … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I live in CA & purchased a truck through the internet from
I live in CA & purchased a truck through the internet from a Dallas Texas Dealer. The Carfax showed no flooding, paint or body work, no accidents & clear title. When I took delivery of the truck mecha… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a small business owner. I own a trucking company. I sold
I am a small business owner. I own a trucking company. I sold a semi truck to a driver on a contract. He is a owner operator. His contract started in September of 1012 and as today has only made 3 pay… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
A few weeks ago I was driving home from work around 2:30pm
A few weeks ago I was driving home from work around 2:30pm in my 2011 Cadillac CTS AWD Premium with 29000 miles on it. I stopped to avoid debris in the road and was rear ended at a decent speed by ano… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,712 satisfied customers
I purchased a used car online (Ebay) in Atlanta GA, I do this
I purchased a used car online (Ebay) in Atlanta GA, I do this once in a while and had the shipping cy that I know taking care of transporting the vehicle home. The shipping company subcontracted the j… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
hello,i just bought a semi truck from dealer in ga about 2
hello,i just bought a semi truck from dealer in ga about 2 weeks ago i notice when i was bring it back to house(phx) i was getting very bad fuel millage aprox 3.5 when i should be getting 6.2 when bob… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
I have a 18 wheeler Detriot Diesel Engine truck which has black
I have a 18 wheeler Detriot Diesel Engine truck which has black smoke and poor fuel millage issue and I tool a truck to Omaha Truck center to be fixed. They told me the problem is with Turbo and they … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I BOUGHT A TRUCK A FEW DAYS AGO IT IS A SEMI TRUCK BY THE WAYS
I BOUGHT A TRUCK A FEW DAYS AGO IT IS A SEMI TRUCK BY THE WAYS WELL THE DRIVER GOT THERE AND THE TRUCK HAD ISSUES AND THEY PUT IT IN THE SHOP WELL GOT IT OUT AND THE ISSUES STILL REMAIN I CALLED THE F… read more
Maverick
Maverick
Doctoral Degree
6,302 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x