Our Lafayette car accident lawyers at Laborde Earles explain how to sue for more money than insurance policy limits in Louisiana. Our team has over 250 years of combined experience with personal injury law. Read on to learn what to do when your losses exceed Louisiana insurance policy limits.
What Are Louisiana’s Insurance Policy Limits?
To legally drive a vehicle in Louisiana, state law mandates drivers purchase a minimum level of car insurance. Louisiana car insurance requirements are:
- $15,000 per person
- $30,000 per accident
- $25,000 per accident for property damage
If your damages after another driver hits you exceed these amounts, you won’t be able to recover them from your insurance. Instead, you’ll have to look at other legal options that can help you recover your losses. Our car accident attorneys in Lafayette can help you with the options available to you.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Is the No Pay, No Play Law?
You can recover more than the policy limits after an accident unless you are uninsured or underinsured. Louisiana’s No Pay, No Play law limits what uninsured motorists injured in car accidents can collect in damages. Under the law, uninsured victims cannot collect the first $25,000 of property damage or the first $15,000 of bodily injury damages from the at-fault driver who does carry liability insurance.
The goal of the No Pay, No Play statute is to incentivize all motorists to purchase the minimum required levels of auto insurance in Louisiana. If injured without insurance of your own, this law bars recovery of an initial layer of damages you would otherwise be entitled to from an insured negligent driver.
Uninsured motorists can still attempt to recover medical expenses, lost wages, and certain non-economic damages exceeding these threshold amounts through legal action. However, the No Pay, No Play restrictions place uninsured individuals at a financial disadvantage following a crash compared to those who properly insure their vehicles.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat Are Your Options if Your Damages Exceed Insurance Policy Limits?
If your damages are higher than what your insurance company will cover, you have several options you can pursue. Your options are:
File an Underinsured Motorist Claim
Louisiana requires drivers to carry both automobile liability and uninsured/underinsured motorist insurance coverage. If your injuries and damages are more than the at-fault driver’s bodily injury liability limit, you can recover additional compensation from your own UIM policy.
Most Louisiana auto policies have UIM limits of at least $10,000 to $20,000, though you can purchase higher coverage. By filing a UIM claim, you aim to fully cover medical bills, lost wages, and long-term impacts as intended under state insurance law.
Consider Bad Faith Insurance Claims in Louisiana
Under Louisiana’s duty of good faith claims handling statute, an insurer must make a reasonable effort to settle a case for policy limits when liability is clear. Failing to do so and leaving an injured party under-compensated can result in a bad faith lawsuit against the insurer. Such actions violate an insurer’s statutory obligations and may warrant punitive damages according to Louisiana Supreme Court rulings.
Pursue Legal Action in Louisiana Courts
If the at-fault driver in a Louisiana crash does not sufficiently insure their vehicle as mandated or their insurer denies a claim unjustly, you can file a lawsuit for personal injury damages against the negligent party. Going to trial in Louisiana state court provides an avenue for a judge or jury to assess liability, determine total compensation owed, and issue a judgment as a legal remedy for inadequately covered accident injuries.
What Happens if the At-Fault Party Doesn’t Have Enough Money to Cover Damages?
If an at-fault party is deemed legally responsible for an accident but does not have sufficient assets or income to pay the full damages owed, there are a few options that can be pursued in Louisiana. The most common options include:
- Any non-exempt assets owned by the at-fault party, such as a home or vehicle, could potentially be seized through a court order and sold. The proceeds from the sale would go towards satisfying the damages owed.
- By obtaining permission from the court to seize the at-fault party’s assets, future wages may be garnished on a monthly basis at a rate set by law. This allows the collection of the remaining judgment over time through automatic deductions.
Keep in mind that these are extreme situations and are unlikely to happen in your case. To learn more about how these situations work, our Lafayette car accident lawyers at Laborde Earles can meet with you to explain in a free consultation.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Types of Damages Can You Recover?
Once the at-fault party is determined, our Lafayette car accident attorney can help you recover the damages you qualify for. Whether they’re within your insurance policy limit or through a personal injury lawsuit, you can recover:
- Medical expenses: All past and future costs for doctor visits, surgeries, rehabilitation therapies, prescriptions, medical equipment, and other treatment required due to injuries from the crash.
- Lost wages: Payment for time missed from work and lost income because of the injuries sustained. This includes both past and future predicted lost earning capacity.
- Pain and suffering: Compensation for physical and mental anguish, distress, scarring, disability, loss of enjoyment of life, and other non-economic impacts.
- Disfigurement or disability: Damages for permanent disfigurement, scarring, or disabilities affecting the quality of life due to the accident injuries.
- Property damage: Repair or replacement costs for personal property destroyed in the collision, such as a vehicle.
- Loss of consortium: For a spouse, compensation is due to losing support, companionship, love, affection, society, and sexual relations with their injured partner.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLearn More About Suing for More Than Insurance Policy Limits in Lousiana
At Laborde Earles, our car accident attorneys in Lafayette can help you understand the process of suing for more than an insurance policy limits permit in Louisiana. We can give you a free consultation and answer any questions you have about it.
Contact us to learn more about how you can sue for damages after a car accident in excess of Louisiana’s insurance policy limits.
