New Orleans, Louisiana Accident Laws - Generally This section presents and analyzes the corpus of Louisiana law pertaining to Accidents.
Reproduction and Analysis of Louisiana’s Direct Action Statute
Other Considerations Regarding the Louisiana Direct Action Statute: First of all, be sure to file your lawsuit within a year of the accident. Also be aware that if you file suit in the wrong venue, then your suit may be deemed not filed for purposes of this time limit, and if you have to refile after a year has passed, you may be barred from doing so. In short, make sure you file your suit timely and make sure it is in the right courthouse.
In general, the Louisiana Direct Action Statute allows an injured person in a car accident to bring suit against the insurer of an automobile driver without the need of proceeding against the driver first. To determine whether you may use the statute to sue the insurer directly, (4) requirements must be met: - (1) The policy must be a liability policy, not an indemnity policy; - (2) The Louisiana court must have personal jurisdiction over the insurer; - (3) Your case must meet the requirements set forth in the statute, as interpreted in the Louisiana jurisprudence; and - (4) You must choose the right Louisiana court (venue), as set forth in the statute.