If you got injured in an accident with an uninsured motorist, you are likely facing an uphill battle with your insurance company and the at-fault driver on your injury claim. Although you have the legal right to take legal action against the uninsured driver, you will want to make sure that he has enough personal assets to pay a judgment if you win the lawsuit.
The at-fault driver might have insurance that could be a source of funds for your losses even though he does not carry automobile insurance. Sometimes, “umbrella” liability insurance, an optional rider to homeowner’s insurance, can cover your damages.
Your automobile coverage might pay some of your losses if you carry uninsured motorist coverage on your policy according to LA Revised Statute § 22:1295. Do not expect the claims process to be easy, however. Insurance companies hate to pay claims that their insureds did not cause. Also, even if you have uninsured motorist coverage on your policy, it might not be sufficient to pay all of your losses. You might still want to consider going after the at-fault driver.
An Andrew Uninsured Car Accident Lawyer at Laborde Earles Injury Lawyers can help you through this legal maze. You can call us today at (337) 777-7777 for a free consultation. There is no obligation.
Establishing Legal Liability in an Uninsured Motorist Accident Claim
Even if the other driver did not have automobile insurance, we must be able to prove all four of these factors to hold him responsible for your losses:
Duty of Care
The uninsured driver must have owed you a duty of care. Everyone who operates a motor vehicle on public roadways has a legal obligation to exercise reasonable caution and obey the traffic laws.
Breach of Duty
It is negligence when a party’s actions fail to live up to the legal standard. Let us say that the uninsured driver was driving too fast in Andrew for the conditions, which included a severe thunderstorm late at night. Failing to slow down in that situation is not the exercise of reasonable caution. Also, traffic laws require people to lower their speed when appropriate, even if they are driving below the speed limit.
Causation
The careless conduct must be the thing that caused the accident that hurt you. If some other factor caused the collision and one driver happened to be speeding but was not at fault in the wreck, you cannot sue the speeder. If, on the other hand, the uninsured motorist lost control of his vehicle and slammed into you because he was driving too fast for the rainy, dark conditions, his negligence caused the crash.
Quantifiable Damages
Most personal injury cases require the plaintiff to have losses that one can measure in dollars. Physical injuries satisfy this element.
When we can prove all four of these factors, we can hold the uninsured motorist responsible for your damages. We understand that evaluating these legal issues can be challenging, but you do not have to become a legal expert to seek justice. An Andrew Uninsured Car Accident Lawyer at Laborde Earles Injury Lawyers can advocate on your behalf. You can call us today at (337) 777-7777 for a free consultation.
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Damages in Uninsured Car Accident Injury Claims
We will need to talk to you and investigate your claim before we can calculate the amount of compensation you can pursue for your uninsured car accident injury claim. Every case is different. Another person in the same car with you might have much higher or lower losses than you.
The amount of money damages you can go after will depend on multiple things, including:
- The type of injuries you sustained.
- The severity of those personal injuries.
- Any long-term impacts from those injuries, like scarring, disfigurement, weakness, loss of mobility, and cognitive impairment.
- The medical procedures you had to undergo as treatment for your injuries.
- The physical discomfort and emotional distress you endured because of the accident and the harm you suffered.
- Your economic losses, like medical bills and unpaid time away from your job.
These are but a few examples of factors that can affect the amount of compensation you can seek for your uninsured car accident injury claim. You might have additional kinds of damages.
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How We Handle Personal Injury Claims from Car Accidents
Our mission is to help people who suffer harm because of the carelessness of others. You should not have to pay upfront legal fees to get help with your injury claim. At our law firm, we handle these cases on a contingent fee basis. That means that we get paid from the settlement proceeds or award at the end of the matter.
Our clients know that they can devote their energy and attention to getting better because we are taking care of their legal matters. We can work directly with the insurance company, whether that means the uninsured motorists umbrella liability coverage through his homeowner’s insurance or your uninsured motorist coverage on your automobile policy. Also, we can go after the uninsured driver’s personal assets when appropriate.
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Learn How an Uninsured Car Accident Attorney Can Help You
Some law firms will not handle uninsured car accident claims because of the complexity involved. At Laborde Earles Injury Lawyers, we are not afraid of the tough cases. We are in the business of helping injured people.
If we handle your case, we will work tirelessly to get you every dollar of compensation that you deserve. If your close relative died because of an uninsured motorist, we might be able to pursue additional compensation for the legal beneficiaries. An Andrew Uninsured Car Accident Lawyer can help.
Please do not wait too long to seek help with your claim. There is a deadline for filing lawsuits seeking compensation for personal injury according to Louisiana Civil Code (CC) Article 3492. If you miss the deadline, the law could bar you from ever getting the financial help you need.
Call us today at (337) 777-7777 to get started. The first consultation is free, and there is no obligation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
