How Does Uninsured Motorist Coverage Work in Louisiana?

A New Orleans car accident lawyer explains what to do after a crash with an uninsured or underinsured motorist

Car insurance is a legal requirement in Louisiana and every state in the U.S. This is supposed to ensure that drivers are financially responsible in case of a Louisiana car accident. Despite these laws, many vehicle owners either carry insufficient coverage or fail to carry insurance coverage altogether.

This presents a significant risk to drivers who may find themselves involved in a car accident with an uninsured or underinsured driver. This is when uninsured motorist (UM) and underinsured motorist (UIM) coverage can come into play, providing essential protection for drivers when the at-fault party lacks adequate insurance. This is also when the help of an experienced New Orleans car accident attorney could make all the difference.

What is uninsured and underinsured motorist coverage?

UM and UIM coverage are essential components of auto insurance policies designed to protect you after a car crash when an at-fault driver lacks sufficient insurance.

• Uninsured Motorist Coverage (UM): This type of insurance covers your medical expenses, lost wages, and other damages if you are hit by a driver who does not have any insurance. It may also apply to hit-and-run accidents where the at-fault driver flees the scene and cannot be identified.
• Underinsured Motorist Coverage (UIM): This coverage helps when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages. UIM kicks in to bridge the gap between the at-fault driver’s coverage and your actual losses.

Most states require insurance companies to offer UM/UIM coverage. This type of coverage is mandatory in Louisiana unless the policyholder specifically rejects it in writing. Even in states where it is optional, having this coverage is highly recommended as it provides financial protection in situations where the at-fault driver cannot fully compensate you for your losses.

Recovering compensation after an uninsured motorist accident

If you are involved in a crash with an uninsured driver, you have several avenues available to you to seek compensation:

1. Filing a claim with your insurance provider – If you have UM/UIM coverage, your insurance company will cover medical expenses, lost wages, and other damages up to your policy limits.
2. Personal Injury Protection (PIP) or MedPay – If your policy includes PIP or Medical Payments (MedPay) coverage, it can help pay for your medical bills, regardless of who was at fault.
3. Collision coverage – If you have collision coverage, it can cover the cost of repairing or replacing your vehicle after a car accident with an uninsured driver.
4. Suing the uninsured driver personally – While you have the option to sue the at-fault driver personally, it may not always be a viable solution. Many uninsured drivers lack the financial resources to pay for damages out-of-pocket.
5. Seeking compensation through other avenues – In some cases, if the uninsured driver was working at the time of the accident, their employer might be held liable. Additionally, other parties may be responsible for damages if a defective vehicle or poorly maintained road contributed to the accident.

How an attorney can help after an uninsured motorist accident

Navigating the legal challenges of an uninsured motorist claim can be overwhelming. An experienced attorney can provide valuable assistance in several ways:

1. Assessing your insurance coverage – A lawyer can review your policy to determine the best options for recovering compensation under UM/UIM, PIP, MedPay, or other available coverages.
2. Negotiating with insurance companies – Insurance companies may attempt to minimize your payout or deny your claim altogether. An attorney can advocate on your behalf and negotiate for a fair settlement.
3. Gathering evidence – To build a strong case, a lawyer can help collect and analyze evidence, such as accident reports, medical records, and witness statements.
4. Filing a lawsuit if necessary – If insurance negotiations fail, your lawyer can file a lawsuit to pursue full compensation through the legal system.
5. Identifying additional liable parties – If other factors contributed to the accident, such as a defective vehicle part or hazardous road conditions, an attorney can explore additional legal claims against responsible parties.

What you should do after any car accident

Even if the driver that hit you is carrying sufficient insurance, being involved in a car crash is a stressful experience. Taking the right steps after can help protect your health, your rights, and ensure that you receive fair compensation. Here’s what you should do if you’ve been in a car accident:

1. Check for injuries – Your safety and the safety of others involved in the accident should be your top priority. If anyone is injured, call 911 immediately.
2. Call the police – Reporting the accident to law enforcement is crucial. A police report serves as an official record of the accident and can be vital in insurance claims.
3. Exchange information – Obtain the other driver’s contact information, vehicle details, and insurance information (if any).
4. Gather evidence – Take photos of the accident scene, vehicle damage, license plates, and any visible injuries. Collect witness statements and their contact information if possible.
5. Notify your insurance company – Report the accident to your insurer as soon as possible.
6. Seek medical attention – Even if you feel OK initially, get a medical evaluation. Some injuries may manifest later, and having the right medical documentation can strengthen your claim.
7. Consult an attorney – A car accident lawyer can help you navigate the claims process, especially if the other driver lacks insurance or is underinsured.

Our Louisiana law firm is ready to handle your claim

Uninsured and underinsured motorist coverage provides critical protection for drivers who may otherwise struggle to recover compensation after a crash with an uninsured or inadequately insured driver. Knowing how to handle an accident, understanding your coverage options, and seeking legal assistance when needed can make a significant difference in securing the compensation you deserve.

That’s where we come in. Let an experienced New Orleans attorney at The Law Offices of John S. Williams LLC ensure your rights are protected and you receive the financial compensation and time you need to heal from your injuries. There’s no cost to consult with us. And we work on a contingency fee basis. Simply put, if we don’t win, you don’t pay.

To learn more about your legal rights and options after a crash with an uninsured or underinsured driver in New Orleans, contact us today for a free case consultation.

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