What to Do If You Are in an Accident with Someone Who is Uninsured or Underinsured

The Louisiana Direct Action Statute and What it Means to You
May 15, 2019
Steps to Take After a Car Accident
May 15, 2019

You were in a car accident, and it just got worse.  The other driver was uninsured, and it looks like you may be left to handle the situation on your own.  What now? Most drivers maintain insurance on their vehicles in case they are required to pay damages in the event that someone or something is injured by their vehicle. Louisiana State Law provides that each vehicle must carry liability coverage of at least $15,000.00 per person injured, and at least $30,000 per accident if two or more people are injured.  However, just like any other scenario, sometimes people break the rules.  In order to protect the drivers that do follow the rules, uninsured motorist coverage is available. When you or your property are injured by an uninsured driver, you can make a claim against the uninsured motorist coverage of your own policy.  The law includes hit and run accidents where the negligent driver cannot be identified. In order to recover damages from a UM claim, the plaintiff (you) has the burden of proof of showing:

  1. The adverse driver in the accident was uninsured or undersinsured;
  2. The uninsured driver was at fault;
  3. That fault caused you damages;
  4. The extent of your damages.

We understand that dealing with insurance companies is a hassle in and of itself, but it can become even more complicated when the other driver is uninsured.  To make sure that you put your best foot forward, we recommend contacting an attorney to evaluate your case. Unfortunately, it is pretty common for a Louisiana driver to be uninsured or underinsured.  According to the Louisiana Department of Insurance, 40% of Louisiana drivers carry minimum policies, while 14% of Louisiana drivers do not have car insurance at all. This adds extra headache to an already trying time for you and your family.

Should you have any questions or you would like to discuss this issue in further detail, please do not hesitate to contact us to schedule a free consultation.

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