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Dealing With Uninsured Or Underinsured Drivers In Louisiana: Your Guide To Compensation

  • By: Gennusa Firm
Dealing With Uninsured Or Underinsured Drivers In Louisiana: Your Guide To Compensation

In this article, you can discover…

  • How minimum insurance requirements can impact your accident claim.
  • Whether your insurance will cover an uninsured motorist in an accident.
  • What to do if you’re struck by an uninsured motorist in Louisiana.

What Are Louisiana’s Minimum Insurance Requirements, And How Do They Affect Car Accident Injury Claims?

Louisiana’s minimum insurance requirements are $15,000 per person and $30,000 per accident available for bodily injury claims. This means that if three people are injured in a wreck, the available $30,000 is split between the injured parties, with no one of them entitled to more than $15,000 in recoveries.

For property damage claims, Louisiana’s minimum insurance requirement is $15,000. This means that if repair expenses to your vehicle exceed $15,000, you’ll have to pay the difference out of pocket if the other driver is minimally insured.

The problem with having minimum coverage is that medical expenses and the cost of car repairs can be incredibly steep and will likely exceed those limits, especially if multiple parties were injured in the accident.

Does My Own Insurance Cover Damages If The Other Driver Is Uninsured Or Underinsured In New Orleans?

It depends on the type of insurance coverage you have. If you have an ordinary insurance policy, it will not protect you if you are hit by an uninsured or underinsured person. Your own insurance only covers bodily injury and property damage claims made against you. In other words, ordinary insurance is purchased to protect yourself in case you’re responsible for causing a wreck.

There are separate coverage categories (that you can buy) known as Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage that can help pay for damage caused by such drivers.

An uninsured motorist is a person who does not have car insurance. If an uninsured motorist hits you and causes bodily injury or property damage, you’re left to pay your medical expenses and car repairs out of your own pocket. However, if you’ve purchased UM motorist coverage, you would then be able to make a claim with your own policy.

An underinsured motorist is a person who has car insurance but not enough insurance to cover your medical expenses or car repairs in the event of an accident. If an underinsured motorist hits you and causes bodily injury or property damage, then you can make a claim against the other party’s insurance and then against your own UIM policy to cover any expenses not covered by their insurance.

Can I Sue An Uninsured Driver In Louisiana To Recover Damages After A Car Accident?

While you can sue an uninsured driver in Louisiana, your chances of recovering any money from that driver are very low. This is because you’re not suing that person’s insurance company (as they have none) but are suing them as an individual. Uninsured drivers usually don’t have the assets or resources to adequately compensate you if they hit you, making significant awards unlikely, even if you were successful in court.

What Steps Should I Take Immediately After A Car Accident With An Underinsured Driver In Louisiana?

After an accident with an underinsured driver, move your car off the roadway if possible, call 911, and exchange insurance information with the other driver. Take pictures of all the vehicles that were involved in the wreck, take pictures of any injuries, and take pictures of the other person’s driver’s license.

Get medical treatment if you need it, notify your insurance company of the accident, and reach out to an experienced personal injury attorney for further guidance and representation.

What Is The Role Of A Jefferson Parish Personal Injury Attorney?

A personal injury attorney will work hard to help you secure all the necessary evidence to support your claim. This will include police reports, photos, and any surveillance footage of the accident. Your attorney will also contact insurance companies on your behalf, open claims, schedule medical treatment, and work to ensure you get the compensation for your injuries that you deserve.

Still Have Questions? Ready To Get Started?

For more information on Dealing With Uninsured Or Underinsured Drivers In Louisiana, a FREE initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.

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