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Getting hit by a driver with no insurance can leave you with a pile of questions, especially when you are already dealing with an injury. You may be facing medical bills, time away from work, and damage to your car, while the driver who caused the crash has no insurance company to turn to.
Louisiana drivers have another possible source of protection: uninsured motorist coverage. Your own policy may cover some of your losses when an uninsured driver is responsible for the accident.
This guide explains what to do after the crash, how UM coverage works , Louisiana’s “No Pay, No Play” rule, and what you need to know before making a claim.
What Happens When an Uninsured Driver Causes a Crash?
If the other driver caused the accident but has no liability insurance, you cannot collect from an insurance policy they do not have. That is where your own uninsured motorist coverage may come into play.
UM coverage is designed to protect you when another driver is responsible for an accident and does not have enough insurance to cover your injuries.
Depending on your policy, you may be able to recover money for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other losses caused by your injuries
You should also report the accident when required, get medical attention, document the scene, exchange information with the other driver, and notify your insurer.
How Does Uninsured Motorist Coverage Work in Louisiana?
Uninsured motorist coverage is part of your own auto insurance policy. It can provide coverage when the driver who caused your accident has no liability insurance.
The amount you can recover depends on your policy and its coverage limits. Your insurer will also investigate the accident and the injuries you are claiming.
Check your policy after an accident to see what UM coverage you have. If you are unsure what the policy covers, ask your insurer for the details in writing.
What Is Louisiana’s “No Pay, No Play” Law?
Louisiana’s “No Pay, No Play” law can limit what an uninsured driver recovers after an accident.
The rule generally prevents an uninsured motorist from recovering the first $15,000 of bodily injury damages and the first $25,000 of property damage, subject to exceptions in the law.
This does not mean an uninsured person automatically loses the right to recover damages. Louisiana law lists situations where these limits do not apply, so the facts of the accident matter.
If you were uninsured when the crash happened, it is worth having the rule reviewed before assuming that it completely bars your claim.
What Damages Can You Recover?
The losses from a serious accident can go well beyond the first medical bill.
Depending on the claim, damages may include:
- Emergency and hospital care
- Doctor visits and physical therapy
- Future medical treatment
- Lost wages
- Reduced ability to earn income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Medical records, bills, wage information, and other documents can show how the accident affected you financially and physically.
What Evidence Should You Keep?
Start saving accident records as soon as possible.
Useful evidence includes:
- The police report
- Photos or videos of the crash and vehicle damage
- The other driver’s information
- Witness contact information
- Medical records and bills
- Prescription and treatment records
- Pay stubs or other proof of lost income
- Insurance policy information
- Messages and letters from insurance companies
Keep these records together. They can become important when your insurer reviews the accident and determines what your policy covers.
Can You Sue an Uninsured Driver?
You can generally pursue the driver who caused the accident, even if that person has no insurance. The bigger issue is whether they have money or property you can use to pay a judgment.
If the driver has few assets, a lawsuit may not result in much money even if you win.
That is why your own UM coverage can be important. It may give you a way to seek compensation without relying entirely on the other driver’s ability to pay.
What Should You Do After an Accident With an Uninsured Driver?
Start with the basics. Get medical care if you are hurt and report the crash when required. Take photos, collect witness information, and get the other driver’s details.
Then notify your insurance company and ask about your uninsured motorist coverage.
Keep copies of everything you send to or receive from the insurer. If the insurer disputes your claim or you are unsure how your coverage applies, consider getting legal advice before accepting a settlement.
Frequently Asked Questions
What happens if the person who hit me has no insurance in Louisiana?
You may be able to make a claim under your own uninsured motorist coverage. You can also pursue the at-fault driver directly, although collecting money from an uninsured person can be difficult.
Can I use uninsured motorist coverage if I was a passenger?
Possibly. Coverage depends on the vehicle you were riding in, the policies involved, and the policy terms.
Will my insurance go up if I make an uninsured motorist claim?
That depends on your insurer, policy, and the circumstances of the accident. A UM claim does not automatically mean you caused the accident.
Can an uninsured driver still be held responsible for my injuries?
Yes. Having no insurance does not erase the driver’s responsibility for causing a crash. The challenge may be collecting payment if the driver has limited assets.
What if the uninsured driver leaves the scene?
A hit-and-run can make the case harder, but you may still have coverage through an uninsured motorist policy. Report the crash and preserve any evidence you have.
Do I need a police report for a UM claim?
Your insurer may have its own requirements for a UM claim. A police report can also provide useful information about the accident, so you should report the crash when Louisiana law requires it.
Conclusion
An uninsured driver does not necessarily leave you with nowhere to turn after a Louisiana car accident. Your own insurance policy may provide UM coverage for injuries caused by a driver who has no liability insurance.
If you are dealing with an uninsured motorist claim, especially after a serious injury or an insurance dispute, our car accident attorneys can review the facts and your available coverage. Contact the firm for a free consultation.
