A car accident of any kind can be stressful and disruptive. Finding out that the person who caused the accident does not have car insurance can make the situation even worse. Many expenses often pop up after an accident, from hospital and ambulance fees to medications and more. You should not have to cope with all of these expenses simply because someone failed to follow the law by causing your collision and not having auto insurance.
According to the Louisiana Department of Insurance (LDI), every driver must have a certain level of liability coverage, as follows:
- $15,000 for bodily injury to one person
- $30,000 for bodily injury to more than one person in a single accident
- $25,000 to cover property damage
Even though this law is clear, some drivers choose to ignore it or simply do not know that driving without auto insurance is illegal. This can make it more difficult to get the compensation you need for your injuries and vehicle damage.
If you are involved in a crash with an uninsured driver, you can still pursue compensation for your injuries and damages. Laborde Earles Injury Lawyers offers a free and no-obligation consultation where you can speak with a representative from the firm. Call
Make Sure Your Insurance Company Is Playing by the Rules
You may be able to cover the damages from an uninsured driver accident through an uninsured/underinsured motorist (UM) insurance policy. In Louisiana, if a driver purchases an auto insurance policy, they automatically receive UM insurance unless they waive their right to it in writing, according to Louisiana Revised Statutes (RS) ยง22:1295.
Even though your UM policy is from your auto insurer, it can still be difficult to receive the benefits you may deserve. Insurance companies do not always approve UM claims or offer the coverage their policyholders are looking for. Here are a few examples of an insurance company acting in bad faith:
- Failing to tender the policy limits
- Not responding to requests for information about the policy
- Offering less than the policy limits without a valid reason
Insurance companies can be incredibly intimidating. You should not have to feel pressured to accept what the insurance company is offering you if you do not think they are playing by the rules. At Laborde Earles Injury Lawyers, we can assist you with an insurance claim to help you fight for fair treatment. Call today at
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Holding the Careless Driver Responsible for Your Damages
If you suffered serious injuries as a result of the crash, your UM policy might not be enough to cover your bills and other expenses. In this situation, you may be able to bring a personal injury lawsuit against the person who caused the accident to happen. A Metairie uninsured car accident lawyer may assist you with pursuing this claim, as well.
In a personal injury lawsuit, you will need to prove four elements to be eligible for compensation:
- Duty โ First, you must show that the other driver owed you a duty to operate their vehicle with reasonable care and skill.
- Breach โ Next, you must show that the other driver did not operate their vehicle with reasonable care and skill.
- Causation โ Third, you must show that the other driverโs failure to exercise their duty of care caused your injuries.
- Damages โ Lastly, you will need to provide evidence to support each item of damages that you are claiming from the defendant.
When it comes to breaching the standard of care, there are many ways that a driver can act irresponsibly behind the wheel. A common cause of many accidents today is distracted driving. This includes any activity that takes the driverโs attention off the roadway and makes them less able to respond to sudden changes or conditions. Texting while driving, eating, talking to passengers, pets, or checking email are a few examples of how a driver can become distracted.
Proving that someone failed to drive according to the standard of care can seem daunting, especially if the crash happened out of nowhere, and you did not quite observe the events that unfolded. There are a few ways that your lawyer can go about gathering evidence to show when the other driver is to blame. Your attorney may seek out:
- Eyewitnesses who saw the accident happen
- Surveillance footage from a nearby camera
- A police report regarding the accident
- Photographs from the scene
- Physical damage to your vehicle and the other vehicles involved
- Skid marks on the roadway
- Testimony from an accident reconstructionist expert
- Your own testimony about what happened leading up to the accident
This evidence may help you prove that the defendant was intoxicated, distracted, or simply careless behind the wheel.
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Damages in a Car Accident Case
Depending on the severity of the accident you experienced, you may have debilitating injuries and mounting expenses. In general, an accident victim can seek compensation for any injury or expense related to the accident. Here are some common examples of damages that a car accident victim may claim from the person who caused the accident:
- Medical bills
- Emergency transport services
- Hospitalizations
- Medications
- Rehab/physical therapy
- Lost wages
- Reduced earning capacity due to permanent injuries
- Emotional distress and suffering
- Future estimated ongoing medical care costs
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Seek Legal Guidance for Your Uninsured Motorist Accident Claim
Many uninsured motorist accident victims feel overwhelmed and frustrated. Although it may seem like you cannot receive the compensation that you deserve, a Metairie uninsured car accident lawyer can examine your situation and help you determine the options available to you.
Laborde Earles Injury Lawyers provides legal counsel to car accident victims and strives to help them secure the fair outcomes they deserve. Call today at
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day โข 7 days a week