Baton Rouge Uninsured Motorist Accident Attorney

What Amount of Car Insurance Is Required In Louisiana?

Louisiana requires all motorists to carry at least minimal liability insurance. The minimum required by law is:

• $15,000 for bodily injury per person per accident
• $30,000 for bodily injury per accident if there are multiple vehicle occupants
• $25,000 for property damage per accident

These minimal coverage limits are often woefully inadequate in serious car crashes. You may want to consider increasing these amounts and/or adding additional types of coverage. 

Failure to carry the minimum required liability coverage can result in financial penalties. 

Additionally, Louisiana’s “No Pay, No Play” law is set forth in Louisiana Revised Statute 32:866. This law prohibits uninsured drivers involved in an accident from collecting the first $25,000 in property damages and the first $15,000 in bodily injury compensation, regardless of who is at fault. 

However, the No Pay, No Play law does not apply if you are from a state that does not require liability insurance or if the driver of the other vehicle:

• Is cited for a violation of driving while intoxicated as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
• Intentionally causes the accident.
• Flees the scene of the accident.
• Is in the process of committing a felony when the accident occurred. 

Common Reasons Why Drivers Fail to Pay or Don’t Have Enough Auto Insurance

In Louisiana, all drivers are required to have a minimum level of auto insurance, but many still drive without adequate coverage. Here are some common reasons why drivers might not have enough or any insurance at all:

• Financial Difficulties: Some drivers simply cannot afford the cost of auto insurance, especially in areas where premiums are high. As a result, they may choose to drive without coverage, putting others at risk in the event of an accident.
• Lapsed or Canceled Policies: Drivers who fail to pay their premiums or miss deadlines may have their insurance policy canceled. Many people don’t realize that their coverage has lapsed, leaving them uninsured when they get behind the wheel.
• Minimal Coverage: Louisiana requires drivers to carry liability insurance, but the state’s minimum requirements often aren’t enough to cover the full extent of damages in serious accidents. In such cases, even if the at-fault driver has insurance, it may not be sufficient to cover your medical expenses, vehicle repair costs, and other losses.
• Lack of Awareness: Some drivers believe that because they rarely drive or have never been in an accident, they can get by without purchasing auto insurance. This risky mindset leaves them and other drivers vulnerable when accidents occur.

What is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage is designed to protect you if you are injured in an accident caused by a driver who has no insurance. This coverage ensures that you aren’t left with out-of-pocket expenses after an accident.

UM coverage steps in to pay for your medical bills, lost wages, pain and suffering, and other damages that would have otherwise been paid by the at-fault driver’s insurance. In Louisiana, insurance companies are required to offer UM coverage when you purchase an auto insurance policy, though you can opt out of it in writing.

Benefits of UM coverage include:

• Comprehensive Protection: UM coverage helps cover medical costs, property damage, and even compensation for emotional and physical pain.
• No Out-of-Pocket Costs: You don’t have to rely on your savings or health insurance to cover your expenses.
• Peace of Mind: UM coverage ensures that you are financially protected, regardless of whether the at-fault driver has insurance.

What is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to fully cover the damages. This coverage makes up the difference between the at-fault driver’s insurance limits and the total amount of your losses.

For example, if you are in an accident and the other driver’s insurance covers $15,000 in damages but your expenses amount to $40,000, UIM coverage would provide the additional $25,000 needed to cover your medical bills, lost wages, and other losses.

Benefits of UIM coverage include:

• Fills the Gap: UIM coverage steps in to cover the shortfall when the at-fault driver’s insurance is insufficient.
• Covers Major Expenses: Serious injuries can result in medical bills that far exceed minimum insurance requirements, making UIM coverage crucial.
• Reduces Financial Stress: With UIM coverage, you don’t have to worry about covering your expenses out-of-pocket if the at-fault driver’s insurance isn’t enough.

What If I Don’t Have UM and UIM Coverage?

If you don’t have uninsured or underinsured motorist coverage, you may be left facing significant financial difficulties after an accident caused by a driver with no or insufficient insurance. Without UM or UIM coverage, you would have to rely on your own health insurance or personal savings to cover medical expenses and vehicle repairs. Additionally, if you need to take time off work to recover from your injuries, you may not be compensated for lost wages.

In such cases, your only option may be to file a lawsuit against the at-fault driver. However, this process can be time-consuming and expensive, and if the driver has limited financial resources, even winning a judgment may not result in full compensation.

Why Do I Need an Attorney in an Uninsured/Underinsured Motorist Accident Claim?

• An experienced car accident attorney can help negotiate a fair settlement with your insurance company if you have uninsured motorist coverage.
• If no insurance coverage is available, an experienced car accident injury attorney can investigate other avenues of pursuing compensation for your damages.
• Most experienced car accident injury attorneys will investigate your accident to determine if there are other possible causes and liable parties who may be responsible for your damages.
• Investigating accidents and pursuing compensation can be expensive. However, most car accident injury attorneys handle cases on a contingency basis, so you pay nothing until compensation is recovered.

How Chris Corzo Injury Attorneys Can Help

At Chris Corzo Injury Attorneys, we understand the frustration and financial burden that can come with being involved in an accident with an uninsured or underinsured driver. Our Baton Rouge uninsured motorist accident lawyers are here to help you navigate the legal process and secure the compensation you need.

Our team can:

• Evaluate Your Case: We’ll review the circumstances of your accident and the insurance policies involved to determine your best course of action.
• Negotiate with Insurance Companies: Insurance companies often try to minimize or deny valid claims. Our attorneys will advocate on your behalf to ensure you receive the compensation you deserve.
• Pursue Legal Action if Necessary: If the at-fault driver is uninsured or underinsured, and negotiations with your insurance company stall, we’ll be prepared to take your case to court to protect your rights.

If you need help getting compensated for a car crash caused by an uninsured motorist, contact us today at (225) 999-1111.