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re: In other news... Gov. Landry once again endorses outright theft in tort litigation - maybe

Posted on 6/11/25 at 9:20 pm to
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/11/25 at 9:20 pm to
quote:

I would say the majority of lawsuits are legit to a certain extent, but even a lot of the legit ones the bills and treatment are hammed up as a cash grab. It’s not about making the client whole or making the situation right it’s about getting as much money as possible because that means more money in the lawyers bank. If PI lawyers were sincere about their priority being “making the client whole” when then why not charge 10% instead of 30-40%? Because it’s all disingenuous bullshite at the end of the day. Im sure your response will be “the market sets itself”


My response is actually much more simple. Why would client give “30-40%” to lawyers if initial offers and responses from insurance companies were fair and in good faith?

A smart man would then ask why sophisticated insurers have teams of adjusters who respond to claimants who don’t have lawyers but a whole separate team of adjusters for claimants who do have a lawyer.
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/11/25 at 9:33 pm to
quote:

Insurers know the deck is stacked against them in Louisiana and that is why the good insurers stay away. We’re left with the dregs and that is why a lot of us have had bad experiences with insurance carries

If we had fertile ground here for insurers to make an underwriting profit, we would see more carriers come into the state and create the competition that we need to get rates down.

Ask yourself this simple question

What does Louisiana need more of-
Plaintiff attorneys or insurance carriers?


This is an interesting mix of federalism and the laboratories of democracy.

Auto Insurance is regulated at the state level. These auto carriers collect premium and operate at a national level. It’s in their best interest to “tort reform” every state at every levels all the time to reduce claim costs. They have a fiduciary responsibility to their shareholders to do so.

And they do it. There is “tort reform” in every state all the time because it’s a concerted effort by insurance companies to do so. They have trade groups and dark money groups who do exactly that. Where do you think the term “judicial hellhole” came from?

So your premise here is that generic auto insurer is making less in Louisiana than they would in Mississippi or Georgia (both who have had extensive “tort reform”) so we therefore have to drop to the lowest common denominator to compete?

Is that not a race to the bottom for the injured party?
This post was edited on 6/11/25 at 9:36 pm
Posted by donRANDOMnumbers
Hub City
Member since Nov 2006
17457 posts
Posted on 6/11/25 at 9:57 pm to
he is a sellout douchebag. confirmed well before any of this
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115487 posts
Posted on 6/11/25 at 10:15 pm to
quote:

For transparency’s sake, should the jury get to know that?


Why?

Not that i care, but if all the plaintiff can recover for medical costs is $10k, which is what BCBS paid, what's the point?

Oh...because you want the jury to toss some extra in generals because its not "fair" the health insurer will get its money back.

That said, I do agree with Wednesday that if the plaintiff does have to file suit, there should be a "Moody" fee if the health insurer doesn't intervene and its recover should be reduced by the plaintiff's fault.
Posted by boosiebadazz
Member since Feb 2008
85685 posts
Posted on 6/11/25 at 10:18 pm to
quote:

Why?

Not that i care, but if all the plaintiff can recover for medical costs is $10k, which is what BCBS paid, what's the point?

Oh...because you want the jury to toss some extra in generals because its not "fair" the health insurer will get its money back.


I’m just trying to find out where transparency to the jury begins and where it ends. So far you’ve given me a clear line of demarcation on one since of the caption but not the other.
Posted by ChestRockwell
In the heart of horse country
Member since Jul 2021
7683 posts
Posted on 6/11/25 at 10:21 pm to
Never trust a coon arse
Posted by Semper Gumby
Member since Dec 2021
649 posts
Posted on 6/11/25 at 10:24 pm to
quote:

I hope a fricking 18 wheeler driven by a Mexican creams you or a member of your family and then tells you to go frick your self bro. You deserve it. Louisiana law says you are responsible for fixing anything or anyone you frick up. Tell me what the frick is wrong with that? You got a better system mfer?


You been laying in the couch from a fat car wreck settlement huh.

Louisiana’s civil law system is a wealth redistribution scheme. The only ones who fully support it are the lawyers and the deadbeats who exploit it.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115487 posts
Posted on 6/11/25 at 10:43 pm to
quote:

I’m just trying to find out where transparency to the jury begins and where it ends. So far you’ve given me a clear line of demarcation on one since of the caption but not the other.


Again, when you can explain the relevance of the existence of liability insurance to the issues of fault, causation and extent of damages, I am all ears.

There's a reason only an handful of states allow for direct action.

Of course, you can just do like the plaintiff's list serve suggests and just plead the tortfeasor's insolvency. Maybe someday a judge will pop one of y'all with 863.
This post was edited on 6/11/25 at 10:44 pm
Posted by SlidellCajun
Slidell la
Member since May 2019
16423 posts
Posted on 6/12/25 at 8:41 am to
quote:

the client whole” when then why not charge 10% instead of 30-40%? Because it’s all disingenuous bullshite at the end of the day. Im sure your response will be “the market sets itself”


Plaintiff attorneys are full of bull crap in their lies about insurance companies making all the money and how they just want to deny claims and steal our premium dollars…

People don’t know what it’s like to have legit insurance here. They have to fight claims because only the bad carries want to be here and that is because the good carriers know that the state is too fraught with plaintiff attorneys who want to demand 50-100million dollars every time there’s a bodily injury or death. Even if their client is at fault, It’s always someone else’s fault.

The judicial system is bought and paid for too. The plaintiff lobby is very strong here.
Heck, they bought our “conservative” governor
Posted by SlidellCajun
Slidell la
Member since May 2019
16423 posts
Posted on 6/12/25 at 10:43 am to
quote:

Our insurance commissioner allows them to charge so much higher premiums that their profit margins are higher here than in most states


Will have to see some real facts to make this believable.
Posted by SlidellCajun
Slidell la
Member since May 2019
16423 posts
Posted on 6/12/25 at 12:46 pm to
quote:

We have more wrecks here per capita than most places.


Not sure this is true. Will need actual data to be believed

What is true is the we paid our twice as much as alabama for bodily injury claims which is odd for a state with about the same size population.

Louisiana has been getting raped by the plaintiff attorneys who want higher and higher payouts on bodily injury claims.
Posted by 4cubbies
Member since Sep 2008
61468 posts
Posted on 6/12/25 at 12:47 pm to
quote:

Will have to see some real facts to make this believable.



I don't think profit per state data is available for private companies.


Google said this:The Auto Body Association of Rhode Island identified Alaska, Washington, D.C., and New Jersey as some of the most profitable states for auto insurers
This post was edited on 6/12/25 at 12:50 pm
Posted by RobbBobb
Member since Feb 2007
34286 posts
Posted on 6/12/25 at 1:53 pm to
quote:

this may be premature. I had been informed he had vetoed the bill, but it was actually a different bill.

Maybe if you werent in such a rush to piss on Landry people might take your posts more seriously
Posted by SlidellCajun
Slidell la
Member since May 2019
16423 posts
Posted on 6/12/25 at 2:03 pm to

As expected, no way to know if auto insurers are ripping us off in Louisiana.

Here’s what I know from anecdotal evidence

Auto insurance and especially commercial auto insurance is very expensive in Louisiana. Reason- there are few willing to write it. Why? Because of our unfriendly business climate and specifically strong plaintiff friendly judicial system. This is largely funded by the wealthy plaintiff attorneys who want to stack the deck against insurance companies. They villify them at every turn.

If an insurance company does business here, they stand to be slapped with bodily injury verdict that has no basis in reality. How can an insurance carrier underwrite for the possibility that they could get slapped with a $20million dollar award for a bodily injury?! Or how about $50million! Or even $100million?
Where is the rationale for that sort of judgement or settlement.

They can’t.

It’s better to just avoid Louisiana.

The ones that are here to write business are the dogs. They aren’t here for long. They’re essentially rolling the dice in hopes that they can make money.

It’s always interesting to me that plaintiff attorneys want to know how much insurance a company carries. That seems to be the only rationale that they use to base their demands. It’s not related to the injury but to the amount of insurance… twisted.
Posted by LSU5508
New Orleans
Member since Nov 2007
3769 posts
Posted on 6/12/25 at 2:12 pm to
No different than people getting short changed by insurance companies every hurricane. People shite on PI attorneys for car accidents but forget all the work they do on disaster recovery claims. State Farm loves to come in after a hurricane quoting Louisiana customers with Montana replacement values and daring them to challenge them. They quote unrealistic labor and repair prices. People boohooing the insurance industry as victims of unfair business practices are lying to themselves and to Louisiana.
Posted by SlidellCajun
Slidell la
Member since May 2019
16423 posts
Posted on 6/12/25 at 2:21 pm to
quote:

No different than people getting short changed by insurance companies every hurricane. People shite on PI attorneys for car accidents but forget all the work they do on disaster recovery claims. S


It’s much different. Massive payouts for bodily injuries makes insurance companies steer clear. The bad carriers come in and they know they’re going to be blasted by a lawsuit after a claim. They aren’t worth the paper that the policy is issued on. But that’s what we’re left with here.

People are getting short changed because they big crappy insurance from crappy carriers. Why is that? Because that’s all they can get. Why is that? Because good carriers avoid us.

The plaintiff attorneys make for a horribly business environment. They want everyone to sue for every thing and then they make incredible demands for injuries .

Bottom line- create more competition amongst a large pool of insurers and rates will be more reasonable. There isn’t a large pool of insurers here and that is because of plaintiff attorneys.
This post was edited on 6/12/25 at 2:26 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115487 posts
Posted on 6/12/25 at 2:32 pm to
quote:

quote:
this may be premature. I had been informed he had vetoed the bill, but it was actually a different bill.

Maybe if you werent in such a rush to piss on Landry people might take your posts more seriously


Posted by RobbBobb
Member since Feb 2007
34286 posts
Posted on 6/12/25 at 2:35 pm to
I'm not the one who lied about Landry vetoing a bill

And would be more proper to edit the title accurately, by saying you were wrong accusing Landry about doing that, rather than "maybe" he still will
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41095 posts
Posted on 6/12/25 at 2:36 pm to
quote:

It is completely unconstitutional anyway so if would have lasted 5 minute before Louisiana Supreme Court ruled it unconstitutional. It’s war political theater. So no one lost anything except dumb asses that thought it was real


So why is this allowed in other states?

quote:

Louisiana law says you are responsible for fixing anything or anyone you frick up. Tell me what the frick is wrong with that? You got a better system mfer?


Of course. Medical bills are 100k you pay 20K, you are out 20K. Costs 20K to fix the mess.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41095 posts
Posted on 6/12/25 at 2:46 pm to
quote:

I’m saying that the plaintiff suffered a diminution of his patrimony to secure the coverage from BCBS and the tortfeasor is capitalizing off that without some sort of remuneration for it.


I thought in most PI cases, health insurance isn’t being claimed? Hospitals refuse to submit? That’s why they ask at intake if it was an accident?
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