Our team of uninsured motorist lawyers has been helping clients from Lafayette, LA, to Metairie, LA, for years, so we’ve seen our share of car accident claims.
Unfortunately, it’s not uncommon for drivers in Louisiana to be underinsured or even completely uninsured, which means if they cause a car accident, the other driver is usually left high and dry. Uninsured motorist coverage can help protect you from being the victim in a situation like this, potentially providing coverage for what the at-fault driver’s coverage (or lack thereof) does not pay.
This guide will cover everything you need to know about submitting an uninsured motorist claim.
TL;DR: Key takeaways
- About 15% of Louisiana drivers are uninsured, and minimum liability limits may not fully cover serious accident damages.
- Uninsured and underinsured motorist coverage can help pay for medical bills, lost wages, property damage, and pain and suffering.
- You should promptly notify your insurer and consider filing a UM claim when the other driver is at fault and has insufficient or no insurance.
- Louisiana insurers generally cannot raise your rates for an accident that was not your fault.
- An uninsured motorist lawyer can review your policy, gather evidence, address delays, and help pursue fair compensation.
Do I Need Uninsured Motorist Coverage?
Approximately 15% of Louisiana drivers are uninsured, which means that if you’re involved in a car accident in the Metairie or Lafayette area, there’s a chance that the other driver won’t be able to pay for your resulting expenses, even if they’re at fault. Louisiana only requires drivers to carry minimum liability coverage of $15,000 per person, and many motorists carry only the minimum coverage, so even if the other driver is insured, the insurance coverage may not be enough to take care of your damages.
Uninsured motorist coverage covers bodily injury or property damage caused by an uninsured driver, and uninsured and underinsured motorist protection is optional but highly recommended in Louisiana. UM coverage can also include underinsured motorist coverage, which helps when the at-fault driver’s policy falls short. Drivers can reject it by signing a waiver, and unless rejected, the limits must match your liability insurance. It can also help pay for lost wages and pain and suffering. It’s not required in Louisiana, but can be a wise investment.
Even if you consider yourself a safe driver, you can’t control what other people do on the road. And with a far higher car collision frequency than the national average, Louisiana can be a dangerous state to drive in.
Between the prevalence of uninsured drivers and the frequency of car accidents in the state, it is wise to get uninsured motorist coverage. That matters even more because under Louisiana’s No Pay, No Play rule, uninsured drivers can have limited recovery for damages. Still not convinced? Take a look at all these reasons why you might need uninsured motorist coverage to protect yourself while driving.
Should I Submit an Uninsured Motorist Claim?
If you’ve been in a car wreck and aren’t sure whether you should submit an uninsured motorist claim, speaking with an attorney can help you understand the process and make an informed decision. Every accident is different, and you’re never guaranteed an insurance settlement. However, generally speaking, you should promptly notify your insurance company, be prepared to provide proof of loss, and file an uninsured motorist claim if:
- You were not at fault
- You have uninsured motorist coverage
- The at-fault driver carries insufficient or no insurance
- You have damages resulting from the accident
UM coverage can apply even in some no-contact hit-and-run situations, so a lack of physical contact does not always defeat a claim. A UM claim should generally be filed within 2 years of the accident.
Remember that insurance company representatives are working for a for-profit business, so they may try to get away with paying you less than you deserve. An experienced uninsured motorist lawyer will be able to help you navigate the process and increase your chances of getting a fair insurance settlement from your insurer. While a lawyer can’t guarantee results, they can help you gather evidence and build a strong case in your favor.
Things to Keep in Mind When Filing an Uninsured Motorist Claim
One of the primary reasons people fail to file uninsured motorist claims is that they’re afraid their rates will go up. However, this is insurance coverage you pay for every month to protect you and your family.
In the state of Louisiana, car insurance companies cannot raise your rates after an accident if you were not at fault. If your provider raises your rates after you file an uninsured motorist claim, you may be entitled to reimbursement.
However, do keep in mind that the insurance company still has claim-handling obligations when investigating an uninsured motorist claim. In many cases, it must pay a valid claim within 30 to 60 days. If your claim is delayed, you may be able to file a lawsuit. If it cannot produce a signed UM rejection form, it may still be responsible for providing coverage. That makes it all the more important to speak with an uninsured motorist lawyer who can help you build a strong case.
Do You Need an Uninsured Motorist Lawyer?
If you’ve been involved in an accident that wasn’t your fault, and the at-fault driver has little or no liability insurance, serious injuries can quickly exceed policy limits, so an uninsured motorist lawyer may be able to help you navigate the process of seeking compensation.
Legal help can matter a lot in an underinsured motorist claim; ICU treatment alone can cost over $30,000.
Our Metairie, LA, and Lafayette, LA, lawyers can review your auto policy, including collision coverage, explain issues involving an insured vehicle, and help with purchasing uninsured motorist coverage, a claim against an underinsured motorist, or an underinsured motorist claim involving unpaid medical bills and other medical expenses.
Contact us today to get started.