Driving a vehicle always incurs a fair amount of risk. If an accident occurs, insurance is an essential aspect of ensuring that your life is not catastrophically affected.
Most Americans have automobile insurance of some kind, but unfortunately many do not. According to the Insurance Information Institute, nearly 13 percent of motorists did not have insurance as of 2015.
If you or a loved one were involved in an accident in which the other motorist did not have insurance, you may be in need of an experienced accident attorney. A Lafayette uninsured/underinsured motorist lawyer may be able to help you with the process of filing a claim and effectively seeking civil damages.
No matter what caused a car accident, life-altering consequences may follow that lead to a prolonged period of physical pain. The aftermath of a severe wreck may also entail emotional and psychological trauma which could last a lifetime. In both these contexts, the consequences of a car crash have the potential to seriously limit someone’s personal wellbeing.
In addition to the physical and mental consequences of a car accident, the financial consequences could also be dire. Medical and mechanical bills associated with a car accident can place a severe financial strain on all those who are affected. If the injuries are extensive enough, those involved in a car accident may also lose out on income due to an inability to work.
Someone involved in a car accident may have grounds to file a compensation claim, but succeeding with such a claim could be a difficult and complex process—especially if the other driver does not have insurance to pay for their portion of liability. A Lafayette uninsured/underinsured motorist accident attorney may be able to help a plaintiff pursue damages more effectively under such circumstances.
An uninsured or underinsured motorist is defined as someone who has no insurance or inadequate insurance for a given incident. Louisiana Revised Statutes §22:1295 requires that motorists maintain a certain level of insurance coverage.
The minimum amount that is required is $15,000 per injured party, $30,000 per accident, and $25,000 for property damage. Even with the minimum coverage, a motorist may still be considered uninsured or underinsured if medical bills and other expenses they are liable for exceed the minimum amount.
It could be potentially catastrophic for a civil plaintiff if the defendant responsible for their wreck either has no insurance or is underinsured. Plaintiffs may be required to make underinsured or uninsured drivers pay out of pocket for all damages that are not covered by any insurance they may have, which in practice means they may be unable to recover appropriately for all their damages.
Navigating a damages suit involving an uninsured or underinsured party can be very complex. An experienced lawyer in Lafayette could help determine what grounds may exist to file a claim and guide someone through the process of filing one.
Someone injured in a motorist accident has a limited time to file a personal injury claim. Under LA Civ. Code §3492, plaintiffs in Louisiana have only one year to file a personal injury claim. As such, it is usually essential that anyone wishing to file a personal injury claim do so as soon as possible to ensure that this prescriptive period does not expire.
You do not need to face the consequences of an accident with an uninsured or underinsured motorist alone. A Lafayette uninsured/underinsured motorist lawyer is available to help you. Call today to set up a consultation.