What Are Your Legal Options if You’re Injured by an Uninsured Motorist?

What Are Louisiana’s Laws About Uninsured Motorists?

Louisiana law requires vehicle owners to carry specific minimums of liability coverage:

• A minimum of $15,000 for physical injury coverage per person injured in an accident (for a total of $30,000)
• A minimum of $25,000 for property damage

These levels of coverage apply to the driver considered at fault for the accident. So, if you’re involved in an accident caused by someone else, their insurance should cover the damages. Note that these required amounts are minimums; drivers can carry higher coverage totals for additional premiums. Given that a significant car crash can cause considerable damage and injury, carrying as much coverage as affordable is not a bad idea.

What’s not required is uninsured/underinsured motorist (UM/UIM) coverage. This is coverage that protects someone who’s injured in an accident with a driver who either doesn’t have the legally required liability coverage or who only has the minimum required, which may not cover all the costs for injuries or property damage. With UM/UIM insurance, the driver has a better opportunity to receive financial reimbursement for most or all of the damages due to the accident.

Of course, this coverage costs more than the basic premium. However, the Insurance Information Institute found that nearly 14% of Louisiana drivers are uninsured. That’s a large percentage of drivers who won’t have insurance to cover injuries if they get into an accident caused by one of them.

What if I Don’t Have UM/UIM Coverage and am Injured in an Accident Caused by an Uninsured Driver?

Frustratingly, it can be difficult to receive damages from an uninsured driver. Many times, the driver is uninsured because they can’t afford the insurance costs, so they’re unlikely to have cash to pay damages.

Another avenue would be to file a lawsuit against the uninsured driver. That’s not to be undertaken lightly, though. Considerable legal and court costs could accrue that you’d have to pay. If the uninsured driver has few or no assets, you might win the case but still not receive any financial compensation. If you’re unsure of whether this is a potential action you want to take, consult with an experienced personal injury attorney.

What Is the No Pay, No Play Law?

This Louisiana law states that if someone is injured in an accident caused by another driver, but the injured party is uninsured, they can’t file claims with the at-fault driver’s insurance. In other words, every driver is required to have insurance, or they can’t expect another insurance company to pay claims.

However, this doesn’t apply to passengers in the car. If a passenger is injured in a car driven by someone without insurance, they can still file claims with the at-fault driver’s insurance company.

What Is Louisiana’s Comparative Negligence Law?

It’s not uncommon for more than one driver to be at fault for a car accident. For example, the uninsured driver was speeding. But the driver they hit entered the intersection on a red light. They both have some fault for the accident.

Across the U.S., each state has a set of laws for this, known as comparative negligence laws. There are three types, and each state uses one.

Contributory negligence states that if the injured party is even 1% at fault for the accident, they can’t file claims against the other driver.
Modified comparative negligence. This says that they can’t file for damages if the injured party is about half responsible for the accident (the percentage is either 50% or 51%, depending on the state). If their fault is less than that, they can file for claims, but their percentage of fault will reduce the total awarded. So if they’re found 40% at fault and are awarded $10,000, they’ll receive $6,000 instead.
Pure comparative negligence. This says that even if the injured party is 99% at fault, they can still file for 1% of the damages.

Louisiana is one of only a few states that uses pure comparative negligence. That means that the other driver has a vested interest in proving the injured party had considerable fault in the accident. If the uninsured driver is the one who’s injured, they may try to push the blame on the insured driver. However, the No Pay, No Play law says they must themselves pay the basic costs of what the minimum insurance policy would have covered before pursuing further damages.

There are a few exceptions to that.

• DUI. If the insured driver drove under the influence of drugs and alcohol, they may owe claims.
• Hit and run. If the insured driver was at fault for a hit and run, they may owe claims.
• Deliberate. If the insured driver deliberately hit the uninsured vehicle, they may owe claims.

What Should I Do if I Injured in an Accident with an Uninsured Motorist?

Call Landgrave Garcia Injury Attorneys as soon as possible at 337-242-7604 to request a free consultation. This situation can be frightening and traumatic, not to mention frustrating when it appears an accident caused by someone else will have to be filed against your insurance. We can examine the specifics of your case and see if there’s potential to file a lawsuit against the uninsured driver. Our experienced, knowledgeable personal injury attorneys can help you understand what the likely outcomes are and how to make the best of the situation.