If you were injured in a car accident and the other party was uninsured, you may be concerned about whether you will be compensated for your injuries. If the other driver does not have the money to pay for your damages, do you have the right to file a lawsuit? What are your other options?
Laborde Earles Injury Lawyers takes on cases involving uninsured drivers. We provide legal representation for victims who were impacted by another driver’s negligence. We believe that an injured person should not have to pay for someone else’s mistake. Contact our law firm today and discuss your case with us.
Call (318) 777-7777 for a free case evaluation.
What You Need to Know About Auto Insurance Laws in Louisiana
According to the Louisiana Department of Insurance (LDI), all vehicle owners are required to carry minimum liability coverage on any vehicle or risk facing stiff penalties (such as fines or having their car impounded). The required minimum amounts for liability coverage include:
- Bodily injury liability coverage: $15,000 per person/$30,000 per accident
- Property damage liability coverage: $25,000
- Medical payments: $1,000
- Uninsured motorist bodily injury: $15,000 per person/$30,000 per accident
Furthermore, RS §32:866 puts limits on the amount of compensation you can receive if you were the victim in the accident but did not carry insurance on your vehicle. So, if you do not have insurance and someone else is at fault for the accident, you may be liable for your damages up to a certain amount.
For a free legal consultation with a uninsured car accident lawyer serving Alexandria, call (318) 777-7777
What if the Other Driver is Uninsured?
Although driving uninsured is against Louisiana law, it does not prevent some motorists from operating a vehicle on the highway. Consequently, when accidents occur, it can be difficult to recover your losses. There are generally three ways to pursue compensation to pay for your medical expenses, lost wages, or other damages, including:
Filing a Claim Based on Your Uninsured/Underinsured (UM) Policy
If you have uninsured/underinsured (UM) coverage, you may be able to file a claim with your own insurance company. The coverage typically matches the policy limits of your general liability coverage. There is a good chance that you already have UM coverage unless you rejected it in writing.
The Louisiana Department of Insurance (LDI) has a copy of the form you may or may not remember signing when getting auto insurance. If you do not know if you have UM coverage, one of our team members can find out for you.
Filing a Personal Injury Lawsuit Against the Uninsured Driver
Chances are if the driver did not have the money to purchase auto insurance, they do not have the financial means to pay for your medical bills, lost wages, or pain and suffering. However, we may be able to identify assets that may cover part or all of your damages.
Alexandria Uninsured Car Accident Lawyer Near Me (318) 777-7777
Damages You May Be Able to Claim in an Uninsured Car Accident Case
In a personal injury case, you may be entitled to claim economic and noneconomic damages based on the extent of your losses and the circumstances surrounding your accident. As your attorneys, our job is to identify the at-fault party and establish that their negligence is what led to your injuries.
You may be eligible to claim the following in your personal injury claim:
- Medical treatment costs
- Estimated future medical treatment or rehabilitation
- Lost wages or income
- Future lost pay or disability
- Property damage
- Physical pain and suffering
- Emotional distress
While some damages—such as medical bills and lost wages—are calculable, we may have to estimate the value of other damages (such as pain and suffering). We can help you pursue compensation based on the actual value of your losses.
How an Alexandria Uninsured Car Accident Lawyer Can Help You with Your Case
When you are injured in an accident, and the other party is uninsured, you may have a difficult time figuring out how to recover your losses. Our law firm can advocate for you to get you the compensation you deserve. We can help you with your case in the following ways:
Investigating Your Claim
Our law firm takes great care in investigating your claim to uncover the facts. Our investigation helps us establish fault and liability, as well as draw a clear connection between the other driver’s negligence and your injuries.
We may gather evidence to support your claim. Evidence may include a police or accident report, witnesses, photos, videos, property damage, or medical reports. We submit all evidence to the insurance company along with your claim.
Negotiating a Fair Settlement
We can review the details of your insurance policy to determine available damages, depending on the circumstances of the accident. We also handle all communications with the insurer so that you do not have to do so.
Representing You in Court
Your insurance company may deny your claim or make an offer that does not reflect the sum of your damages. If so, you may have the option of taking your case to court. We can provide representation and plead your case in front of a judge or jury.
Our law firm is committed to helping you get the compensation you deserve. We will continue to fight for your rights so that justice is served.
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Proving Negligence in an Uninsured Car Accident
An Alexandria lawyer from Laborde Earles Injury Lawyers can determine who to pursue compensation from following a car accident with an uninsured driver. Whoever we seek compensation from—be it the driver, another party, or a government agency—we must prove the following criteria:
Duty of Care
We must show that the party we intend to hold liable for your losses was responsible for keeping you safe. In the uninsured driver’s case, their duty of care to you is implied when they get in the driver’s seat. However, if the uninsured driver does not have the assets available to compensate you, we would need to seek coverage elsewhere.
For example, if a defective traffic light contributed to the accident, we would have to show that the government agency responsible for the traffic light owed you a duty of care.
Breach of Duty
A lawyer from our firm can also help you prove that the liable party breached their duty of care to you. They might have failed to follow traffic laws or, in the case of a government agency, skipped scheduled maintenance of traffic devices.
Causation and Damages
The liable party’s breach of duty must have caused the accident, and you must have suffered financial, physical, or emotional losses from the accident.
Our legal team can gather the evidence we need to prove the above criteria.
Contact our Attorneys Today for Legal Assistance
An Alexandria uninsured car accident lawyer will go the extra mile to help you with your case. Laborde Earles Injury Lawyers can help you with your case fight to get you a fair settlement. Call (318) 777-7777 for a free case evaluation.