If you were hit by an uninsured or underinsured driver in Louisiana, their failure to carry liability insurance does not always force you to absorb all expenses from the accident. You might have another option to recover compensation depending on what you selected on your own insurance policy.
A crash on Lakeway Drive might be frustrating enough, but dealing with injuries after a car hits you on the Pontchartrain Expressway where the at-fault driver lacks insurance can complicate your case. A similar issue can occur after an accident on Veterans Memorial Boulevard in Metairie near the CCC or on I-10 outside LaPlace.
Ron Austin Law supports injury victims in filing claims they can’t collect insurance money for. We’ll look into your policy and explain ways to seek recovery for damages caused by a negligent driver. A Louisiana car accident attorney can discuss your damages and potential courses of action for pursuing a claim. Call Ron Austin Law today at 504-514-1093 to set up a consultation.
Experienced Louisiana Representation With Ron Austin Law
Ron Austin Law has served injury victims since 1995. Our attorneys have recovered over $1 billion on behalf of clients and achieved many large jury verdicts and settlements. Combined, our lawyers have over 88 years of experience.
Ron Austin began his career as a prosecutor handling criminal matters. During his tenure, he tried almost 100 jury trials. Afterward, he opened Ron Austin Law in Harvey, servicing the entire state of Louisiana with capable legal assistance on a contingency fee basis.
Understanding Uninsured and Underinsured Coverage
Uninsured motorist (UM) coverage can allow you to recover compensation from your insurer when another motorist causes your accident and doesn’t carry liability insurance. Underinsured motorist (UIM) protection might apply when the at-fault driver has insurance limits that do not adequately cover your losses. These coverages can help if you suffer injuries that require extensive medical treatment or time off from work.
Policyholders should review their insurance policies to determine UM/UIM coverage and limits. Contact your insurance agent or company to verify your coverage before an accident occurs.
How Common UI/UIM Is in Louisiana
The Insurance Information Institute states that about 11.7% of drivers in Louisiana were uninsured in 2023. The uninsured rate is based on estimates from the Insurance Research Council.
Vehicle accidents are unfortunately common in the state as well. The National Highway Traffic Safety Administration stated there were 752 traffic deaths in Louisiana during 2024. There were 811 deaths during 2023. While not every accident results in death, motor vehicle crashes can have serious consequences for everyone involved.
Driving in Louisiana cities such as New Orleans, Baton Rouge, and along the River Parishes comes with the risk of a collision. Making sure you have adequate insurance is one way to protect yourself before being in an accident.
What To Do After an Accident With an Uninsured Driver
After you receive medical treatment, start collecting any evidence that could support an uninsured motorist claim. Some important steps include:
- Exchange insurance information with the other driver, along with their name and contact information.
- Take photos of any vehicle damage, injuries sustained, and road conditions if possible.
- Contact your insurance company and inform them about the crash.
- Request a copy of the police accident report.
- Save receipts related to your treatment as well as documentation showing lost time from work.
Drivers without insurance may still have a policy you can recover damages from. Refusing to provide their insurance information doesn’t mean they are automatically uninsured.
When the Other Driver Was Underinsured
An underinsured driver may have insurance that only pays a portion of your damages. Suppose you suffered serious injuries that require surgery and several months of recovery. In that case, your medical bills could quickly surpass what the other driver’s insurance may cover.
UIM coverage might allow you to make a claim against your policy when another driver does not have enough insurance. Like uninsured motorist coverage, your insurance provider can review your claim to determine if you qualify. An investigation into the collision may be completed to establish responsibility for the crash.
In some situations, an uninsured motorist accident claim may be heard in court, especially if a resolution can’t be reached through negotiations. If your civil case qualifies and took place in Orleans Parish, you may file your claim in Orleans Parish Civil District Court at 421 Loyola Avenue, New Orleans, LA 70112.
FAQs
Does Uninsured Motorist Coverage Apply if Someone Else Was Driving My Car?
Certain uninsured motorist policies allow coverage for drivers who have permission to operate the vehicle. Others restrict this to household members or drivers who are excluded from coverage on the policy. There are factors including, but not limited to, who was driving your vehicle, whether they were allowed to drive your vehicle, and other available insurance that can play into whether uninsured motorist coverage applies to the crash.
Can Filing an Uninsured Motorist Claim Increase My Insurance Premiums?
Filing an uninsured motorist claim does not necessarily increase your insurance premiums. Each insurance company uses various factors to calculate your rates. These can include your claims history, driving record, and more. Plus, state underinsured motorist accident laws play a role in what insurance companies can and cannot do. Contact your insurance company to see how they handle these types of accidents and claims.
Does Uninsured Motorist Coverage Pay for Damage to My Vehicle?
Typically, uninsured motorist bodily injury coverage only covers qualifying injuries sustained in an accident. Coverage for physical damage to your vehicle may be provided by collision coverage or uninsured motorist property damage coverage if it was purchased on your policy. There can be deductibles that apply when filing a claim.
What Happens if an Uninsured Driver Leaves the Scene of an Accident?
If an uninsured driver leaves the scene of an accident, you may be entitled to uninsured motorist benefits. Every insurance policy is different, and there may be stipulations that must be met in order to prove your claim. This can include filing a police report within a certain number of days and providing evidence that supports your account of the accident.
Hire a Car Accident Lawyer Today
If you were hit by an uninsured or underinsured driver, hire a car accident lawyer with Ron Austin Law right away. We can help you with your claim. Contact our offices for a consultation.
