According to the Louisiana Department of Insurance (LDI), all drivers in Louisiana are required to carry a minimum amount of auto insurance to operate a vehicle legally on Louisiana roads.
Unfortunately, many drivers break the law and do not carry insurance. This can be devastating to victims of car accidents who have difficulty recovering their financial and personal losses.
Laborde Earles Injury Lawyers represents clients in uninsured motorist accidents. An Alexandria uninsured motorist lawyer from our firm may be able to help you find compensation for your injuries and other damages if you have been involved in this type of accident. We can represent you on a contingency-fee-basis with no advanced payment necessary.
How To Pursue Compensation in an Uninsured Motorist Accident Case
If an uninsured driver caused your accident, our Alexandria car accident lawyer can help you recover compensation through the following options:
Uninsured/Underinsured Coverage
If you have uninsured/underinsured coverage on your policy, you may be able to file a claim against your own insurance company if an uninsured driver caused your damages. However, in many cases, this coverage is simply not enough to make you and your family whole after an accident with an uninsured driver. That is when you will want to pursue other avenues and sources of compensation.
File a Lawsuit Against the At-Fault Driver
Your insurance policy may not cover all of your damages. However, you may be able to recover some of your losses by suing the uninsured driver. We can look at the responsible party’s assets to determine if they can compensate you for your damages.
In some cases, it can be difficult to pursue a case like this against a defendant with few assets. Our uninsured motorist accident lawyer in Alexandria, LA will give you an honest evaluation of your case and let you know if this is a viable option. You do not have to worry about suing an uninsured motorist on your own.
Identify Other Sources of Compensation
If your insurance company or the at-fault driver does not compensate you for your damages, we may be able to look at other options for recovering your losses. This could mean locating a third party that contributed to the accident, such as a negligent mechanic or municipality.
If the driver was under the influence at the time of an accident, an establishment or bartender that overserved them can sometimes be held liable. If there is some way for you to pursue compensation, one of our lawyers will help you find it.
An Alexandria uninsured motorist lawyer from Laborde Earles Injury Lawyers can investigate your case, identify the liable parties, and advise you on how to pursue compensation when we represent you.
If an uninsured driver caused your accident, or if you were injured by another driver while you were driving without insurance, our uninsured car accident lawyer may be able to help you.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
If You Were the Driver Not Carrying Insurance at the Time of the Accident
If you are the victim of a car accident but do not carry any insurance, you may still receive compensation. However, RS §32:866, also known as Louisiana’s “No Pay, No Play” law, limits how much compensation you can receive. You may be responsible for paying the following amounts before insurance covers the rest of your damages:
- The first $15,000 of bodily injury damages
- The first $25,000 of property damages
Do not let this law discourage you from taking legal action if another driver caused your injuries while you were driving without insurance. You still may be able to recover a substantial portion of your damages. Call Laborde Earles Injury Lawyers to learn more.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
How to Prove Liability in a Car Accident Case
In a car accident case, you typically must prove that the other driver’s negligence is what caused the wreck that led to your injuries. Laborde Earles Injury Lawyers can handle this task when an Alexandria uninsured motorist lawyer from our firm represents you. We can obtain evidence of fault and liability, such as:
- Photos and video footage
- Eyewitness statements
- Expert testimony
- Clues at the scene of the accident
- Medical reports
- Police reports
- Phone records
Accidents with uninsured drivers can have many different causes. Our lawyer will tailor their approach based on the specifics of your case and accident.
If you believe the other driver was under the influence of drugs or alcohol, we will use the police report and any field sobriety test results to show that. If the other driver caused the accident due to distraction, we could subpoena phone records and show that they were calling or texting someone when they should have been focused on the road.
Establishing Negligence in an Uninsured Motorist Accident
Proving a driver’s negligence can be difficult on your own. A car accident lawyer from our firm will work hard to prove that you were wronged and that you deserve compensation. To establish negligence, you must show that:
- The driver who caused your accident had a duty of care: The other party had a responsibility to keep you safe.
- The other driver did not maintain their duty of care: You can establish negligence by proving that the other party did not uphold their duty of care by driving recklessly.
- The at-fault driver’s negligence is what caused your accident: The driver who acted with negligence was the reason you got in an accident and sustained injuries.
- The accident resulted in damages: You must show that the accident caused you to suffer damages. This can be done with evidence like medical records and bills.
Our uninsured motorist accident lawyer in Alexandria, LA can help you establish negligence. We can prove that another driver was the cause of your accident and resulting injuries.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
Damages You Can Claim in an Uninsured Motorist Accident Case
In a car accident claim, you may be entitled to receive compensation for both economic and non-economic damages. What your case is worth depends on the extent of your losses and how the accident happened. We may be able to help you claim the following damages:
Medical Expenses
Car accidents often cause extensive injuries. As such, you may pay for a wide range of medical treatments such as emergency medical care, surgical procedures, your hospital stay, rehabilitation, or doctor visits. If you are disabled by your injuries, you may also have ongoing medical treatment and possibly adjusted living expenses.
Lost Income
Lost income may include a combination of lost wages, benefits, bonuses, tips, or other sources of income. It may also include reduced earning capability. If your accident leaves you with injuries that affect your ability to work in the same job or capacity, that should be considered when compensation is calculated.
A Loss of Enjoyment of Life
Those injuries that affect your ability to work can also end up affecting how you spend your leisure time. If you are unable to return to a hobby, sport, or activity that you once enjoyed due to your accident with an uninsured driver, that loss needs to be addressed.
Vehicle Repair or Replacement Costs
If insurance does not adequately cover the cost of replacing or repairing your vehicle, suing for property damages may be an option.
Pain and Suffering
Pain and suffering can include both physical suffering and emotional or mental turmoil. We can explore how the accident impacted your life to determine the value of these types of damages.
Wrongful Death Damages
If your loved one passed away due to the actions of an uninsured driver, you may be able to pursue wrongful death damages. In accordance with CC § 2315.1, spouses of the deceased, children of the deceased, and other family members often have the right to sue for wrongful death.
The contribution of the deceased to the household and the pain and suffering experienced by family members are taken into account when compensation is calculated.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
Louisiana’s “No-Fault” Insurance Laws
Unlike other states, Louisiana does not have a “no-fault” law regarding auto insurance. This means that the at-fault party’s insurance company is liable for compensating the victim in a car accident. For this reason, the Louisiana Department of Insurance (LDI) outlines the minimum amount of insurance all drivers must carry. This includes:
- Bodily injury liability coverage: $15,000 for one person/$30,000 per accident
- Property damage liability coverage: $25,000
You may also have the option of purchasing uninsured motorist coverage. This type of coverage may allow you to recover compensation from your own insurance company if an uninsured motorist injures you in an accident.
How a Lawyer Can Help Strengthen Your Case
Laborde Earles Injury Lawyers are dedicated to helping you with every aspect of your case. Our lawyers provide comprehensive legal services to ease the burden of submitting your own personal injury claim. We can help you establish fault and liability, calculate your damages, and engage with all parties on your behalf.
We can also negotiate for a settlement with the insurance company or at-fault party. If necessary, we can take your case to trial. At every point, we keep you in the loop and keep you updated on all aspects of your case. There is no need to talk to insurance companies or other involved parties on your own. We will continue to fight for your rights at all stages of your case.
Our Firm Operates on a Contingency-Fee Basis
When seeking legal representation, you may worry that you cannot pay for a lawyer’s services, which can deter you from getting help. You do not have to worry about that with us as we are a contingency-fee firm. You pay nothing upfront and out of pocket upon hiring us.
We only get paid when we secure your settlement. We take our fee from the compensation you receive. We can support you without you having to stress about how you can afford our assistance. Let us get to work while you recover from your accident.
Your Time to Take Legal Action Is Limited
If you plan to file a lawsuit, know that you do not have long. According to CC Art. 3492, you typically have one year to file a personal injury lawsuit. Your lawyer needs ample time to collect evidence and interview witnesses, among other important tasks. We want to ensure you have a strong case, so allow your lawyer as much time as possible to work on it.
You do not want to risk losing contact with witnesses who may have valuable information to share and letting evidence disappear. Some types of evidence, like surveillance footage, can be harder to obtain if you wait too long to pursue legal action. It is in your best interest to get the legal process started as early as possible, and our attorneys will be glad to help you do that.
If your loved one passed away in an accident with an uninsured motorist, you also have one year to file a wrongful death lawsuit, CC Art. 2315.2 states. Your family may be entitled to compensation for funeral and burial costs, loss of companionship/guidance, and more.
What to Do After an Alexandria, LA Uninsured Motorist Accident
After an uninsured auto accident, your next steps might include:
- Seeking medical care: If you were injured in your car accident, it’s important that you visit a doctor. They can assess your injuries and provide you with medical records that can be used as evidence.
- Collect evidence at the scene of the accident: You can gather photo or video evidence at the scene of the accident to help your lawyer build your case. If you are too injured to collect any evidence at the scene of the accident, your lawyer will gather it for you.
- File a police report: You should contact the police if you were involved in an accident. The police report can be used as evidence in your auto accident case.
Contact an Attorney With Laborde Earles Injury Lawyers Today
If you are ready to move forward with your personal injury claim or lawsuit, contact Laborde Earles Injury Lawyers. The sooner you call us, the sooner an Alexandria uninsured motorist lawyer from our firm may be able to begin working on your case.
For a free, no-obligation consultation on your case with a member of our team, call us today.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
