Getting into a car accident can make a person feel vulnerable. Therefore, when an at-fault driver admits to not having any auto insurance, this scenario can make a victim feel helpless and unsure of what to do. If this situation is similar to your case, the team at Laborde Earles Injury Lawyers wants you to know that you are not alone. We may be able to find answers to help fix your situation and get you the compensation you need.
Drivers in Louisiana Must Carry Liability Insurance
The Louisiana Department of Insurance (LDI) states that Louisianans must carry auto insurance. In the event that an accident occurs, drivers must have liability coverage with the following policy minimums:
- $15,000 for bodily injury coverage per person
- $30,000 for bodily injury coverage per accident
- $25,000 for property damage coverage
Despite the state’s insurance requirements, the risk of getting involved in an accident with an uninsured driver still exists. In 2015, 13% of drivers in Louisiana were uninsured, according to the Insurance Information Institute (III).
A driver might be uninsured for a variety of reasons, such as:
- They could not afford auto insurance.
- They did not know Louisiana requires drivers to have auto insurance.
- Their auto insurance expired.
- They did not know how to purchase auto insurance or what policy was good for them.
- They considered themselves a safe driver and did not purchase a policy.
- They think paying for insurance is a waste of money.
In some cases, the motorist might be insured, but their liability limits might not be enough to cover your damages. It is important to gauge the reasoning behind why a motorist does not have insurance, as this might determine whether you might want to bring a personal injury lawsuit against them. Your lawyer might be able to review your case to determine which legal routes to take.
Check if You Have UM Coverage
In many accident cases involving an uninsured driver, a lawyer might first suggest looking into your own auto insurance policy to see if you purchased uninsured motorist (UM) and/or underinsured motorist (UIM) coverage. Insurance companies must offer these policies in Louisiana, according to the Louisiana Revised Statutes (RS) §1295. However, you are not required to purchase these policies.
Still, even if you purchase UM or UIM coverage policies, the policy limits vary based on the plan you purchase. In some cases, if you can file for compensation, you might only be able to retrieve compensation up to the policy limit according to state standards. Also, these policies typically cover economic damages and might not offer compensation for more general losses, like pain and suffering.
A Metairie uninsured motorist accident lawyer can review your insurance policy and find out if you qualify to file a claim for compensation. If not, your lawyer might suggest other legal routes to pursue. Call Laborde Earles Injury Lawyers at (504) 777-7777 today to have our team start working on your case.
For a free legal consultation with a uninsured motorists lawyer serving Metairie, call (337) 777-7777
UM Coverage May Cover Your Medical Expenses and Repair Costs
If you purchased UM coverage, you may be able to use your policy to cover your medical expenses and property damages. You might be able to get compensation for other economic damages depending on the terms listed in your plan, which your lawyer may explain to you.
For medical expenses, you may be able to receive compensation for the costs of:
- Doctor’s appointments copays
- Emergency care
- Hospital stays
- Prescription medications
- Medical equipment, such as wheelchairs, neck braces, or crutches
- Imaging scans, such as X-rays, MRIs, or CT scans
- Physical therapy
For property damage expenses, you may be able to receive compensation for the costs of:
- Repairing your vehicle
- Replacing your vehicle if it got totaled
- Replacing vehicle parts that were damaged in the accident
- The value of items inside the vehicle that got damaged or destroyed
- Other damages to your property if they apply, such as to your home or business
You Might Be Able to File a Lawsuit
If your lawyer determines the uninsured motorist might still be able to afford the costs of your damages, whether through their assets or other financial means, they might suggest you bring a personal injury lawsuit against them to pursue compensation. Should you do so, you may be able to fight for additional compensatory damages, such as:
- Income loss you suffered due to your injuries
- Pain and suffering
- Reduced earning capacity if your injuries prevent you from working your regular job duties
- Permanent disability
- Scarring and disfigurement, including amputation
- Loss of quality of life
If you decide to take your case to court, you and your lawyer must file your case within Louisiana’s statute of limitations. According to the Louisiana Civil Code (CC) §3492, this deadline is set at about one year after the accident date.
If you do not file your case on time, you might put your case at risk. Should the uninsured driver find out that you surpassed the filing deadline, it is within their legal right to file a request for dismissal of your case, which a judge may grant.
Metairie Uninsured Motorists Lawyer Near Me (337) 777-7777
Hire a Metairie Uninsured Motorist Accident Lawyer Today
Need help getting compensation for your accident-related losses? If you were victim to another driver’s negligence and found out they are also uninsured, you might still have options to get compensation to pay off your medical expenses and property repair bills.
Our legal team at Laborde Earles Injury Lawyers may be able to explore other options of pursuing compensation. Call our office at (504) 777-7777 for a free case evaluation, and we can assess how to start tackling your case.