When driving the scenic streets of Lafayette, Louisiana, you shouldn’t have to worry about the financial fallout of an accident caused by another driver. Unfortunately, not every driver on the road carries adequate insurance, leaving you vulnerable in the event of a crash.
If you’ve been in an accident with an uninsured or underinsured motorist, understanding your rights and legal options is essential. At Chaz Roberts Law, we’re here to guide you through your next steps, fight for your rights, and help you secure the compensation you deserve.
What Is Uninsured/Underinsured Motorist Coverage in Louisiana?
Louisiana law requires drivers to carry a minimum amount of liability insurance, but not everyone follows the rules. When an uninsured or underinsured driver causes a car accident, victims can be left scrambling to cover their medical bills, repair costs, and other expenses. That’s where uninsured/underinsured motorist (UM/UIM) coverage comes into play.
UM/UIM coverage is designed to protect you when the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your losses. If you’ve purchased this optional coverage, it may cover expenses like:
- Medical treatments and hospital stays
- Lost wages due to time off work
- Vehicle repair or replacement
- Non-economic damages, such as pain and suffering
The good news? Unless you specifically opted out in writing, you likely already have UM/UIM coverage as part of your auto insurance. This type of coverage is invaluable in helping you bridge the gap and shield yourself financially after an accident.
How Much Can I Get From an Uninsured/Underinsured Motorist Claim?
The value of your UM/UIM claim depends on multiple factors, including your policy limits, the severity of your injuries, and the full extent of your financial and non-financial losses. Compensation may include:
- Emergency medical treatments and long-term care
- Physical therapy and rehabilitation
- Lost wages and reduced earning capacity
- Car repair or replacement costs
- Compensation for pain and emotional distress
Working with a personal injury attorney is crucial in these cases. Insurance companies often attempt to undervalue or deny claims, even when the law is on your side. At Chaz Roberts Law, our team will fight to maximize your compensation and account for every loss you’ve experienced.
Do I Need Uninsured/Underinsured Motorist Coverage in Louisiana?
While Louisiana drivers are required to carry minimum liability coverage of $15,000 per person for injuries, $30,000 per accident for injuries, and $25,000 for property damage, these amounts often fall short in serious accidents. Sadly, some drivers don’t carry any insurance at all.
UM/UIM coverage is not required in Louisiana, but it’s highly recommended to protect yourself financially. Even though the state enforces minimum liability requirements, about 13% of drivers in Louisiana are uninsured. When you’re up against mounting medical bills and repair costs, your own UM/UIM policy could make all the difference. If you’re unsure whether your current policy includes this coverage, now is the time to double-check.
Liability in Underinsured/Uninsured Motorist Accidents
Determining liability in uninsured/underinsured motorist (UM/UIM) accidents follows similar principles to standard car accident cases. To successfully pursue a UM/UIM claim, it must be clearly established that the uninsured or underinsured driver was at fault for the accident. This involves demonstrating their negligence, such as speeding, distracted driving, or violating traffic laws, directly caused the collision and your resulting injuries and damages. Evidence such as police reports, witness statements, and accident scene photos are crucial in proving the other driver's liability. Even though the at-fault driver may not have adequate insurance, proving their responsibility is a fundamental step in accessing your own UM/UIM coverage.
How Long Does It Take to Settle an Uninsured/Underinsured Motorist Claim?
Every case is unique, but UM/UIM claims can take anywhere from a few months to over a year to resolve. The timeline often depends on factors like whether the insurer accepts liability, the extent of your injuries, and whether negotiations result in a settlement or the case goes to court. The two-year statute of limitations in Louisiana adds another layer of urgency to your claim. Missing this deadline could mean losing out on the compensation you need and deserve. Partnering with an experienced attorney can help you move the process forward efficiently and ensure that every step is handled correctly.
Why You Need a Lafayette Underinsured & Uninsured Motorist Attorney
It’s hard enough to recover from an accident without also dealing with the stress of a complicated insurance claim or potential lawsuit. That’s where Chaz Roberts Law comes in. Our team is experienced in handling UM/UIM claims in Lafayette, Louisiana, and we’re committed to making this process as smooth as possible for you.
Here’s how we can help:
- Legal Guidance: We’ll review your policy to determine your rights, explain your options, and guide you through each step of the process.
- Evidence Collection: From accident reports to medical records, we’ll compile everything needed to build a strong case.
- Negotiation Skills: We know how to stand up to insurance companies and fight for the settlement you deserve.
- Personalized Support: Every case is unique, and your concerns matter to us. We’ll tailor our approach to your specific needs.
Accidents caused by uninsured or underinsured drivers often leave victims feeling frustrated and financially strained. Contact Chaz Roberts Law to handle the legal complexities so you can focus on what matters most: your recovery.
FAQ
Does Uninsured Motorist Coverage Apply to Hit-and-Run Accidents?
Yes, uninsured motorist (UM) coverage typically applies to hit-and-run accidents, as the law assumes that the unidentified driver is uninsured. If you’ve been in a hit-and-run, your UM policy can help cover medical expenses, lost wages, and other damages, depending on your coverage limits. It’s important to report the accident to law enforcement immediately, as the police report will be essential when filing your claim.
Can I Sue an Underinsured Driver After an Accident?
Absolutely. If the driver who caused your accident doesn’t have enough insurance to fully cover your losses, you have the option to file a personal injury lawsuit against them. However, it’s worth noting that many underinsured drivers lack substantial assets, so even if you win a lawsuit, collecting the awarded compensation might be challenging. Your attorney can help you assess whether suing the at-fault driver is a viable option or if other avenues, like your own UM/UIM coverage, should be pursued first.
Does Underinsured Motorist Coverage Pay for Property Damage?
Yes, underinsured motorist (UIM) coverage can pay for property damage, but only if your policy specifically includes coverage for property damage. Many policies focus on covering bodily injuries, so it’s vital to confirm the details of your coverage with your insurance provider. If your policy lacks this provision, you may still have the option to pursue a claim against the at-fault driver.
Will My Insurance Rates Increase if I Use Underinsured Motorist Coverage?
Using your UM/UIM coverage shouldn’t directly cause your premiums to rise, as the accident wasn’t your fault. However, insurance companies consider several factors when setting rates, and frequent claims may impact your overall history. It’s always a good idea to talk with your insurer and an experienced attorney to better understand how filing a claim could affect your policy.
