About one in eight drivers has no insurance, according to Insurance Research Council (IRC). A driver who does not have insurance violates Louisiana law, which requires every vehicle owner to have liability coverage. The purpose of having this coverage is to compensate anyone who may sustain injuries from a traffic accident.
When an uninsured driver injures you in a vehicle accident, receiving compensation to recover your losses can be an uphill task. However, you might be able to seek financial recovery under an uninsured motorist (UM) coverage policy if you did not reject it when you purchased your liability insurance, as explained in RS 22 § 1295.
The uninsured option is standard and comes with every Louisiana car insurance policy. This means you get uninsured motorist coverage when you buy your insurance policy in the state.
If you have been injured due to the actions of an uninsured driver, you can file a claim with your insurance company. Your insurer, however, might not make it easy for you to receive compensation. That is where Abbeville uninsured motorist lawyers might be able to help.
An uninsured motorist lawyer could review your policy and advise you on a course of action you can take to receive compensation. If you are interested in exploring your legal options, contact Laborde Earles Injury Lawyers at (337) 777-7777 today for a free case evaluation.
Compensation and Insurance Companies
Every vehicle owner in Louisiana must have liability coverage for any injury or harm they cause third parties. If you get hurt in an accident with a motorist, you could seek compensation from their insurance company. If the liable party’s compensation is not enough to cover the cost of your injuries, your policy could compensate you if you have an active uninsured motorist coverage policy.
You can also receive compensation from your insurance company under the following circumstances:
- If you are hurt in a hit-and-run accident
- If the liable party does not have insurance
- If you have not rejected the uninsured motorist coverage in writing
- If the liable party cannot afford to compensate you
A hit-and-run accident is usually treated as an uninsured motorist case, which allows you to seek compensation from your insurance company. This is because the liable party is not identified, and hence, you cannot file a personal injury claim against an unknown party. You might also be able to receive compensation from your insurance company if the liable party is present but does not have any insurance coverage.
However, if uninsured motorists have enough assets, you could file a personal injury claim. According to the American Association of Motor Vehicle Administrators, 82% of uninsured drivers cannot afford insurance. In Louisiana, your insurance company could compensate you under uninsured motorist coverage unless you have rejected the coverage in writing.
The uninsured motorist coverage is especially important because you can seek compensation when the other party or their insurance company cannot afford it. An example is when the other party does not have enough assets, and their insurance company has filed for bankruptcy. Under such a circumstance, you might be able to receive compensation from your insurance company.
For a free legal consultation with a uninsured motorist lawyer serving Abbeville, call (337) 777-7777
How to Make an Uninsured Motorist Claim
To make an uninsured motorist claim, you must prove the injuries sustained are due to the accident and that the at-fault party has no insurance coverage.
Some things you could do to strengthen your case for your claim are:
- Seek immediate medical attention.
- Get the other driver’s contact information, if possible.
- Call the police.
- Gather evidence.
- Notify the insurance company.
Getting immediate medical attention is important because you can use medical records as proof that your injuries were due to the accident and treated promptly. Try to get the other driver’s contact information. You can do this by speaking directly to them or asking any nearby witnesses. However, if you speak to the driver, do not accept any money.
Any money offered to you after the accident might not cover the cost of your injuries. It can also make it challenging for you to get any compensation from your insurance company. Call the police to the accident scene. The police will gather evidence, which is crucial to determining who is responsible for the accident.
If the police are not there yet, you can gather evidence yourself. You can do this by taking pictures or getting the contact information of any witnesses to the accident. Take photos of the damage the cars have sustained as well. Notify your insurance company of the accident as soon as possible. This will help them conduct their investigation.
You also might want to contact Abbeville uninsured motorist lawyers to see what legal recourse is available to you. If you choose to hire legal representation, an attorney can review your insurance policy, negotiate with the insurance company if you receive any settlement offers, and file your case in court if an agreement cannot be reached out of court.
They can also file your case before the statute of limitations lapses, which is one year in Louisiana, according to LA Civ Code 3492.
If you are interested in learning more, you can contact the legal team at Laborde Earles Injury Lawyers today to discuss your situation.
Abbeville Uninsured Motorist Lawyer Near Me (337) 777-7777
Why Reviewing Your Insurance Policy Is Important
Always read any insurance policy before signing it. This is important as insurance policies are legally binding contractual agreements. Ensure that your car insurance includes uninsured motorist coverage. This is important because even if an insured party injures you, it is possible that the compensation you receive from them will not cover the entire cost of your injuries, damages, or losses.
An attorney can review your insurance policy and answer any questions you might have. Reviewing your policy will also help you learn of any deadlines for filing a claim after an accident with an uninsured driver.
Get a Free Case Evaluation Today
Laborde Earles Injury Lawyers can help you hold the liable party in your accident responsible. To learn more about how Abbeville uninsured motorist lawyers might be able to help, call (337) 777-7777 for a free case evaluation. You can share the details of your accident and discuss next steps.