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  1. #1
    Seriously Misunderstood!

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    Take a Guess Who Doesn't Want Cheaper Auto Insurance Here?

    In case you didn't know, Louisiana is 2nd in the country in Highest Auto Insurance Rates. Gee, big surprise! HB372 by Kirk Talbot (R) was put forth to lower those premiums by lowering the cost of claims on insurance companies, and lowering the threshold of the amount that triggers jury trials from $50,000 to $5,000; and forcing Insurance companies to pass the savings on to customers.

    By lowering the jury trial threshold, it forces those lawyers and clients who are now getting the instant settlement check to put forth the money and the effort to prepare and actually go to court to "prove" they are warranted ridiculous monetary payouts. As it stands now, your wife may accidentally tap into someone at 2 MPH, at a red light; and if it's the right person, they claim they are paralyzed. They hire a scumbag attorney, that scumbag tells the insurer he is going to file a suit on behalf of the injured claimant, and the insurance companies settles out of court to avoid costly trials, then automatically pass that scam payout on to us in the form of higher premiums. Pretty straight forward, right?

    According to statistics, we have an absurdly overabundance of those claims here, and thus #2 on the; This place is shit list."

    Good news is, it passed the full House yesterday 69-30.
    Bad news is, it was not only on party lines, but disparagingly racial lines.

    All 30 nays were democrats; 23 were black. Of the 69 yeas, only 8 were democrats and only 2 of them were black.

    I think most people can see what is happening here.

    This state will NEVER EVER get better as long as black politicians take sides on damn near every issue based on race.

    Lowering EVERYONE'S auto insurance is a good thing for EVERYONE!!!!! That is if you actually pay for insurance!

    Why would these pandering dumbasses think that awarding frivolous lawsuit payouts at the drop of a hat enhances the lives of their constituents or the lives of their fellow Louisianans?

    Another prideful day in Louisiana!
    Last edited by Emperor; April 24th, 2019 at 12:18 PM.
    Remember; The 2nd Amendment Protects the 1st!
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  2. #2
    Moving forward

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    I’ve been following this bill. If it makes it through it would still be a ways off before we saw any relief.

    What I can figure out is why anyone would want to keep our insurance rates up the way they are.

  3. #3
    Marksman
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    Disclosure: I am a general practice attorney and represent both sides (people filing suit and companies/municipalities defending suits).

    What I am questioning is how this bill would reduce costs for insurance companies. In my 25+ years of experience, it is much more expensive for an insurance company to prepare a case for jury trial than for a judge trial (you can cut through the dog and pony show for a judge, who knows the litigation process, but you have to be much more thorough in your presentation of evidence and spend more money on trial exhibits, video depositions, etc. if presenting to jurors who have not dealt with hundreds of suits).

    I would expect personal injury trial lawyers to actually be able to get faster and larger settlements from insurers if this bill passes, as they will hang over the insurance company's head the added costs of defending a jury trial on a $15,000, $25,000, or $50,000 insurance policy, for example.

    I am open to any new information which would change my mind on this one, if anyone has insight to offer.

  4. #4
    Marksman

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    Quote Originally Posted by Emperor View Post
    In case you didn't know, Louisiana is 2nd in the country in Highest Auto Insurance Rates. Gee, big surprise! HB372 by Kirk Talbot (R) was put forth to lower those premiums by lowering the cost of claims on insurance companies, and lowering the threshold of the amount that triggers jury trials from $50,000 to $5,000; and forcing Insurance companies to pass the savings on to customers.

    By lowering the jury trial threshold, it forces those lawyers and clients who are now getting the instant settlement check to put forth the money and the effort to prepare and actually go to court to "prove" they are warranted ridiculous monetary payouts. As it stands now, your wife may accidentally tap into someone at 2 MPH, at a red light; and if it's the right person, they claim they are paralyzed. They hire a scumbag attorney, that scumbag tells the insurer he is going to file a suit on behalf of the injured claimant, and the insurance companies settles out of court to avoid costly trials, then automatically pass that scam payout on to us in the form of higher premiums. Pretty straight forward, right?

    According to statistics, we have an absurdly overabundance of those claims here, and thus #2 on the; This place is shit list."

    Good news is, it passed the full House yesterday 69-30.
    Bad news is, it was not only on party lines, but disparagingly racial lines.

    All 30 nays were democrats; 23 were black. Of the 69 yeas, only 8 were democrats and only 2 of them were black.

    I think most people can see what is happening here.

    This state will NEVER EVER get better as long as black politicians take sides on damn near every issue based on race.

    Lowering EVERYONE'S auto insurance is a good thing for EVERYONE!!!!! That is if you actually pay for insurance!

    Why would these pandering dumbasses think that awarding frivolous lawsuit payouts at the drop of a hat enhances the lives of their constituents or the lives of their fellow Louisianans?

    Another prideful day in Louisiana!
    Because their constituents are the ones making the broke neck claims. Oddly enough they are the same type that bob their heads so hard while talking you would think they were invertebrates. No one in the community cares about the merits of a fake neck injury case so long as some fat wallet insurance guy pays up. But these are the same people who mysteriously find pubs in the last bite of salad, claim the $200 goochi purse was really on the clearance rack, and go to the ER for the sniffles. Oh yeah one more, can be found using the Walmart motorized scooters drinking wine from a Pringle’s can and smell like a gym bag forgotten under your truck seat for a couple years.

  5. #5
    Marksman

    Gold Member

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    Wait ! How is da po' people posed to make da money now to byz dem drugs wit ?
    "When You Go Home, Tell Them Of Us And Say, For Your Tomorrow, We Gave Our's Today"

    Voting is the responsibility of a citizen, even if voting may not necessarily be obligatory. To not vote seems to me to be an abrogation of one's responsibility as a citizen, regardless of one's politics.

  6. #6
    Marksman

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    When the insurance company refuses to settle and it goes before a jury the jury will be made up of the same people who voted the Democrats into office .

    Sent from my Moto E (4) using Tapatalk

  7. #7
    Marksman

    Premium Member

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    Quote Originally Posted by ArmbrusterArmory View Post
    I would expect personal injury trial lawyers to actually be able to get faster and larger settlements from insurers if this bill passes, as they will hang over the insurance company's head the added costs of defending a jury trial on a $15,000, $25,000, or $50,000 insurance policy, for example.
    C'mon. If it was the case that this would actually increase payouts, then the shithead billboard attorneys that litter this state would be clawing to change the law. And "hang over the insurance company's head"? I worked for a Fortune-50 insurance company and did a lot of work with their litigation department, and if there's one thing I learned it's that insurance companies have a nearly bottomless reservoir of legal resources, and nothing makes them happier to use them. Hang it over their head and see how that plays out ... my guess is that they'll love the opportunity to defend themselves in front of a jury -- especially if there was a "loser pays all" provision.

    If it truly does cost more to present to a jury (I'm not sure that I buy this, but I'll give you the benefit of the doubt), then wouldn't it give trial attorneys working on commission pause to consider the higher cost of bringing the suit -- in addition to the higher risk of a more skeptical jury?

    I know that all attorneys aren't like the billboard shitheads that litter our landscape, but I've never lived in a place where litigation was advertised so shamelessly like a lottery win. I'd cut off a limb before I hire one of those dirtbags to represent me or my family.

    From a legal insider's perspective: why do you think our insurance is so expensive?

    Mike
    ΦΒΚ. Honi soit qui mal y pense.

  8. #8
    Marksman
    Site Sponsor

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    Any insurance adjuster or insurance defense attorney evaluates the value of a claim and the amount of money it will likely spend to defend the matter through trial (which is called "cost of defense"). Anyone on the insurance side will factor the cost of defense into their decision of how much money should be spent to settle a claim.

    From the plaintiff attorney's side, they get their percentage recovery and all of the expenses they have fronted out of the recovery (after settlement or after a favorable trial verdict), so they have little risk unless the jury gives them nothing.

    Also, keep in mind, that right now, if a claimant stipulates that their case is worth less than $50,000, the case is tried to a judge. Judges can be more stingy or more generous than juries, depending on the parish and the particular judge.

    In answer to your question about why our insurance is so high, I think juries in many rural parishes and Orleans Parish tend to give out more money than might be given in other states. I also think the fact that we have something like 17% of the drivers on any day who don't have any auto insurance causes more 1st party claims to be paid out when your car gets damaged or you get hurt, when you didn't cause the accident, and the insurance companies pass all of those costs on to us to actually have insurance.

    As to advertising being bad in LA, I personally don't like atty advertising (I have never advertised for any of my business, beyond a business card ad in a nephew's high school soccer program or in support of local non-profits), but I have seen much worse commercials in continuing ed seminars out of Texas and some other states, than I have seen here.

    You will never get "loser pays" (which is the British system) here in any US state. The argument against loser pays that they told us in law school is that some people with legitimate claims and limited means will be afraid to bring their claims (and will never recover what they should have), for fear that something goes crazy at trial (no attorney should or can ever guarantee a result) and they lose, having to pay the other side's atty fees when they don't have the means to do so.

  9. #9
    Marksman

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    Looser pays would go a long way to stop these dirtbags and their dickweed attorneys. No offense to the non-dickweed attorneys.

  10. #10
    Marksman

    Premium Member

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    Quote Originally Posted by ArmbrusterArmory View Post
    From the plaintiff attorney's side, they get their percentage recovery and all of the expenses they have fronted out of the recovery (after settlement or after a favorable trial verdict), so they have little risk unless the jury gives them nothing.
    I understand ... but there's also the costs of taking a case on contingency and the risk of not getting a payout. Increase the risk and fewer suits (especially the frivolous suits) will get filed, right?

    Quote Originally Posted by ArmbrusterArmory View Post
    Also, keep in mind, that right now, if a claimant stipulates that their case is worth less than $50,000, the case is tried to a judge.
    Isn't that the whole point -- to get that limit lowered or eliminated entirely?

    Quote Originally Posted by ArmbrusterArmory View Post
    I also think the fact that we have something like 17% of the drivers on any day who don't have any auto insurance causes more 1st party claims to be paid out when your car gets damaged or you get hurt, when you didn't cause the accident, and the insurance companies pass all of those costs on to us to actually have insurance.
    But that's tautological, since most of those people can't afford insurance in the first place. Aside from some outright subsidy, how do we lower that?

    And in the case of someone causing an accident that doesn't have insurance, wouldn't the victim's insurance company bring a subrogation suit again the person(s) that caused the accident (assuming there's assets worth going after)?

    Quote Originally Posted by ArmbrusterArmory View Post
    As to advertising being bad in LA, I personally don't like atty advertising (I have never advertised for any of my business, beyond a business card ad in a nephew's high school soccer program or in support of local non-profits), but I have seen much worse commercials in continuing ed seminars out of Texas and some other states, than I have seen here.
    I have no problem with an attorney supporting a local soccer team ... I'm talking about the shameless "let's sue them and get you a big check!" billboard ads that litter I-10. Especially ones that quote verses from the Bible.

    Mike
    ΦΒΚ. Honi soit qui mal y pense.

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