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LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 37851
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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Am in Louisiana My daughter was in a wreck in my car over a

Customer Question

Am in Louisiana My daughter was in a wreck in my car over a year ago.
JA: What state is this in? And how old is the car?
Customer: It was late at night and dark She pulled into our neigbhborhood and a motorcycle hit her. His lights were not on. He did not own the motorcycle and had no insurance. In Louisiana it is the law that you must have insurance to drive. He is now after a year trying to sue us. Can he do that.
JA: Has anything been filed or reported?
Customer: My daughter was not ticketed, but we received a subpoena today to appear in court within 15 days
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Traffic Law
Expert:  LawTalk replied 4 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your daughter's situation. My goal is to provide you with excellent service today.

It is legal to file suit for personal injury and property within one year after the accident. If the lawsuit was filed within the year it is valid.

Your daughter will need to turn this claim over to her insurance company to defend. I suspect that the other driver will receive nothing because under LA law, if the plaintiff is more than 25% responsible for the accident, they cannot recover anything from the defendant in a personal injury claim. Most judges and juries will attribute more than 25% fault to him for driving without a headlight if it was dark out.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


Expert:  LawTalk replied 4 months ago.

Good afternoon,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,