What Happens if Your Insurance Company Denies Your UM/UIM Claim?

What’s Your Recourse if an Uninsured Driver Injures You?

If a negligent motorist injures you in traffic in or near Lafayette Parish, you’re entitled to compensation for lost earnings, medical expenses, and related damages. However, in most cases, you’ll need the services of a Lafayette traffic accident attorney to recover your compensation.

If someone crashes into your vehicle in traffic, you expect that driver to pay for the property damage and any injuries you or your passengers sustain. Louisiana is an at-fault car insurance state, so the law obligates negligent drivers to pay for the injuries and other damages they cause.

When drivers have no insurance, it’s usually because they have no money, so even if you file a lawsuit and prevail, you probably will not collect anything from the driver who injured you. So, how can you recover compensation if a driver injures you and has no auto insurance?

What Does Louisiana Law Require?

Driving without insurance is against the law in Louisiana. Uninsured drivers in this state may be fined from $500 to $1,000. When an accident involves an uninsured driver, that driver’s license may be suspended, and his or her automobile registration may be revoked for up to 180 days.

Problems recovering compensation for your injuries after an accident may also arise when a driver is underinsured. Louisiana law requires all motorists to carry “15/30/25” insurance coverage:

1. $15,000 for injury coverage or death per person
2. $30,000 for total injuries or deaths per accident
3. $25,000 for property damaged in an accident

Louisiana does not require drivers to purchase uninsured motorist (UM) or underinsured motorist (UIM) coverage. However, because more than ten percent of Louisiana’s drivers are uninsured, most personal injury attorneys in Louisiana recommend the purchase of UM and UIM coverage.

What is UM and UIM Coverage?

While Louisiana does not require the purchase of UM and UIM coverage, the law does require auto insurance companies to offer the coverage to their policyholders. If you reject uninsured motorist and underinsured motorist coverage, you must put that rejection in writing.

UM and UIM coverage can usually pay at least a portion of your damages if an uninsured or underinsured driver injures you. Those damages include compensation for current and future medical expenses, lost wages and projected future lost wages, and related losses.

Why Are UM and UIM Claims Rejected?

While most uninsured motorist and underinsured motorist claims are approved, your UM or UIM claim could be denied if:

1. Your auto insurance company cannot confirm that the uninsured or underinsured motorist was responsible for the accident.
2. Your auto insurance company cannot confirm that the other driver was uninsured or underinsured.
3. Your auto insurance company disputes the severity or extent of your injuries.
4. The accident falls under one of the exclusions listed in your policy.
5. Your auto insurance company is not operating in good faith.

What if Your UM or UIM Claim is Rejected?

If a negligent and uninsured or underinsured driver injures you, and you submit an uninsured motorist or underinsured motorist claim to your auto insurance company, what is your recourse if the insurance company rejects your claim? You will need to take the following steps:

1. Find out the specific reason or reasons why the insurance company denied your claim. Review your policy to make sure that you are covered and that you filed your claim properly.
2. Make copies of any documents (such as medical records or the police accident report) confirming your claim and safely store the originals.
3. Ask your insurance adjuster to reconsider your claim if you believe it was wrongly denied.
4. Submit a formal appeal to the insurance company. Most auto insurance companies allow you to appeal a claim denial. Follow the company’s guidelines and provide additional information if needed.
5. Schedule a consultation with a Lafayette personal injury lawyer who handles UM and UIM claims. That lawyer can negotiate with the insurance company for you or file a lawsuit on your behalf if the insurance company doesn’t negotiate in good faith.

How Will an Attorney Assist You?

If your appeal to the insurance company does not succeed, or if you believe your insurance company is operating in bad faith, a Lafayette traffic accident attorney can ensure that your rights are protected and guide you through the complicated personal injury process. Your attorney will:

1. Scrutinize your policy and help you understand its terms, conditions, and limits. Your attorney will provide specific, personalized advice, answer your questions, and address your concerns.
2. Negotiate with the insurance company and respond to their questions. Do not speak directly with the insurance company. Instead, refer any inquiries from the company to your injury attorney.
3. File a lawsuit if necessary and prepare the required legal paperwork. If your car insurance company continues to reject your claim and does not negotiate in good faith, your lawyer will probably recommend proceeding with legal action.

A denial of your uninsured motorist or underinsured motorist claim does not have to be the final word about your accident and injury. Your Lafayette personal injury lawyer will continue working toward a fair resolution of your UM or UIM claim.

Landgrave Garcia Injury Attorneys Can Help

The personal injury attorneys at Landgrave Garcia Injury Attorneys:

1. know how to prove a motorist was at fault
2. know the insurance companies and how they negotiate
3. fight aggressively and effectively for the injured victims of negligent drivers

We represent our clients on a contingent fee basis. If you bring a claim against your auto insurance company, you will owe Landgrave Garcia Injury Attorneys no lawyer’s fee unless and until we recover the compensation you need with an out-of-court settlement or a jury verdict.

Learn more about your rights as an injured victim of negligence – or begin the legal process now – and contact Landgrave Garcia Injury Attorneys by calling 337-242-7604 to schedule a free first legal consultation. If an uninsured or underinsured driver injures you, let Landgrave Garcia Injury Attorneys fight for the compensation and the justice you need.