Understanding Your Options After an Accident
Being involved in a car accident is stressful, but it can be even more complicated when the other driver does not have insurance coverage. Louisiana law requires drivers to carry liability insurance, but not all Louisiana drivers follow this requirement. If you are hit by an uninsured or underinsured driver, you may need to explore alternative ways to recover compensation for medical bills, property damage, and other losses.
This guide explains the steps to take after an accident with an uninsured driver, how uninsured motorist coverage works, and what legal options are available under Louisiana law.
Steps to Take After an Accident With an Uninsured Driver
Call the police and file a report
After the accident happens, call law enforcement and request a police report. Having a police report can help establish fault and document the accident details, which may be crucial when filing a personal injury claim or insurance claim.
Gather evidence at the scene
If it is safe to do so, collect important details, including:
- The other driver’s name and contact information
- The license plate number of the other vehicle
- Photos of the accident scene, vehicle damage, and any visible injuries
- Witness statements and their contact details
Notify your own insurance company
Even if the at-fault driver is uninsured, you should still report the accident to your own insurance company. If you have uninsured motorist coverage, it may help cover your medical expenses and repair costs.
Seek medical attention
Even if you do not feel seriously injured, it is important to get medical attention. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately. Having medical records will also support your claim if you need to pursue compensation.
How Uninsured Motorist Coverage Works
Uninsured motorist coverage and underinsured motorist coverage provide financial protection when the at-fault driver does not have enough coverage to pay for your losses. This coverage is optional in Louisiana but can be invaluable if you are involved in an accident with an uninsured driver.
Your auto insurance policy may include:
- Uninsured motorist coverage, which helps cover medical expenses and lost wages if the at-fault driver has no insurance
- Underinsured motorist coverage, which helps when the at-fault driver has insurance, but not enough to cover all damages
- Property damage coverage for repairs to your vehicle if you do not want to pay out of pocket for your own repairs
Louisiana’s Pay No Play Law
Louisiana follows the pay no play law, which limits compensation for accident victims who do not have their own insurance coverage. Under this law, uninsured drivers cannot recover compensation for the first $15,000 of bodily injury and the first $25,000 of property damage. This law does not apply if the at-fault driver was intoxicated or intentionally caused the crash.
Recovering Compensation After an Accident With an Uninsured Driver
Filing a claim with your own insurance company
If you have uninsured motorist coverage, your insurance provider may compensate you for medical expenses, lost wages, and vehicle damage. However, insurance companies sometimes offer a low settlement or deny claims, which is why it is important to understand your rights.
Pursuing legal action against the at-fault driver
If the uninsured driver caused the accident, you may be able to pursue damages through a lawsuit. However, many uninsured drivers lack the financial resources to pay for damages, making it difficult to collect compensation. Consulting a car accident attorney can help you determine whether legal action is a viable option.
Seeking compensation through other means
If the at-fault driver fled the scene or cannot afford to pay, an experienced car accident lawyer can explore other options, such as:
- Identifying third parties who may be liable for the accident
- Negotiating with insurance adjusters to secure a fair settlement
- Helping you understand your rights under Louisiana law
Contact a Car Accident Attorney Today
If you were hit by an uninsured driver in Louisiana, you do not have to handle the claims process alone. An experienced car accident attorney can help you recover damages, negotiate with insurance companies, and ensure you receive fair compensation. Call Rozas Injury Law, LLC at (225) 343-0010 to schedule a free consultation and discuss your legal options.
FAQ
Will my own insurance policy cover damages if the other driver is uninsured?
If you have uninsured motorist coverage, your own insurance company may cover medical bills, lost wages, and property damage.
Can I sue an uninsured driver for damages?
Yes, but if the at-fault driver lacks financial resources, it may be difficult to recover compensation. An attorney can help determine your best course of action.
What is the minimum liability insurance coverage required in Louisiana?
Louisiana requires drivers to carry at least $15,000 in bodily injury coverage per person, $30,000 per accident, and $25,000 for property damage.
How does Louisiana’s pay no play law affect my claim?
If you do not have your own insurance, you may be unable to recover the first $15,000 of bodily injury and $25,000 of property damage unless the at-fault driver was intoxicated or intentionally caused the crash.
What should I do if my uninsured motorist claim is denied?
Consult a car accident attorney to review your insurance policy and help you dispute the claim denial.
