Don’t let a gap in insurance leave you stranded—here’s how an underinsured motorist claim can help.
If you’re in a car accident in Louisiana and the other driver’s insurance falls short of covering your damages, you might be able to file an underinsured motorist claim in Louisiana. This claim can help fill in the gap between what the at-fault driver’s insurance can cover and the full cost of your injuries or car repairs. But there’s a catch: not all accidents will qualify, so it’s important to know exactly what’s covered by your policy.
Filing a UIM claim can sometimes feel like a maze, especially with all the paperwork involved. You’ll need medical records, damage estimates, and proof of the other driver’s insurance limits to make your case. Having all the details in order from the start can save you a lot of headaches down the road, helping you get the compensation you deserve.
Quick Summary:
- Louisiana requires drivers to carry liability insurance. If another driver causes an accident without enough coverage, your UM policy helps. UM includes medical bills, lost wages, and pain and suffering. You must reject UM in writing to remove it.
- Check for injuries and call police first. Collect the other driver’s insurance details and take photos. Notify your insurer quickly and keep all medical records. A police report strengthens your claim.
- Review your policy to confirm UM coverage. Submit a claim with your insurer, including accident details and proof of damages. Your insurer will check if the at-fault driver’s coverage is too low. Provide bills, repair estimates, and witness statements.
- Adjusters review your claim but may limit payouts. Keep records of all calls and emails. Louisiana law bans rate hikes for UM claims. Get legal help if the adjuster denies fair payment.
- You have two years to file a lawsuit for injuries. UM claims against your insurer may allow up to 10 years. Minors or disabled persons get more time. If negotiations fail, sue to get what you’re owed.
Louisiana Uninsured Motorist (UM) Coverage Requirements
Louisiana drivers face risks from uninsured and underinsured motorists. State law sets rules to protect you. Your policy must meet specific standards to ensure financial safety after a vehicular accident.
Legal Minimums and UM Enrollment Rules
Louisiana requires all drivers to carry liability insurance. This covers costs if you cause an accident. You must also be able to add uninsured motorist (UM) coverage.
Here’s what you need to know:
- Liability minimums: At-fault drivers must have $15,000 per person/$30,000 per accident for injuries, and $25,000 for property damage. This pays for others’ costs if you cause a crash.
- UM enrollment: Insurers automatically include UM coverage. To remove it, you must reject it in writing. Verbal requests are not accepted.
Coverage Limits and Policy Options
UM policies vary based on your choices. Limits often match your liability coverage. You can pick plans that fit your budget and needs.
Key details about UM policies:
- Standard UM coverage: This includes medical bills, lost wages, and pain and suffering. It applies if the at-fault driver has no insurance or too little.
- Economic-only UM: This cheaper option skips non-cash damages like pain and suffering. Check your policy to know what it covers.
Why This Matters?
Without UM coverage, you risk paying costs yourself. Louisiana sees many underinsured drivers. UM policies ensure you get help even if others can’t pay.
Steps to Take After an Accident with an Underinsured Driver
Accidents are stressful, and it can be even more overwhelming when the other driver doesn’t have enough insurance to cover your costs. But taking the right steps right after the crash can make all the difference in getting the help you need.
Immediate Actions
First, make sure everyone is safe. If anyone is hurt, call for medical help right away. Next, contact the police to file a report—this will be important for your claim. Don’t forget to gather the other driver’s insurance information and contact details, even if their coverage is limited.
Notifying Your Insurance Company
It’s important to notify your insurance company as soon as possible. Provide them with the details of the accident, including the time, place, and information about the other driver’s insurance. The sooner you do this, the smoother the claims process will go.
Gathering Evidence
Get a copy of the police report, as it will back up your account of the accident. Keep all medical records that show your injuries and treatments, and take photos of the scene, vehicle damage, and any visible injuries. If there are witnesses, get their contact info and ask if they’d be willing to provide a statement.
How to File Underinsured Motorist Claim in Louisiana
Once you’ve taken the initial steps, the next phase involves filing the Underinsured Motorist (UIM) claim with your insurance company. Understanding the underinsured driver insurance claim process in Louisiana can help ensure you take the right steps and provide the necessary documentation. Here’s a guide to help you through the process:
Review Your Insurance Policy
Before filing your claim, take a moment to review your insurance policy to ensure you have Underinsured Motorist (UIM) coverage. In Louisiana, UIM coverage is generally included in your policy unless you’ve opted out in writing.
File a Claim with Your Insurance Company
After the accident, contact your insurance company to report it. You’ll need to provide detailed information about the other driver’s insurance, the police report, and any documentation of your injuries.
Evaluate the At-Fault Driver’s Coverage
Your insurance company will work with the at-fault driver’s insurer to determine if their coverage is enough to cover your damages. If their insurance isn’t enough, your UIM coverage will kick in.
Gather Evidence and Assess Your Damages
Make sure you have all the necessary documentation to back up your claim, such as medical bills, repair estimates, and proof of lost wages. The more detailed your evidence, the stronger your claim will be.
Dealing with the Insurance Adjuster
Once your claim is filed, an insurance adjuster will be assigned to review your case. Be cautious in your conversations and keep a record of every interaction. You have the right to legal representation if needed during this process. Louisiana law (RS §22:1295) prohibits insurers from raising rates, canceling policies, or refusing renewal solely because you filed a UM claim.
Negotiating a Settlement
Your insurer may work with the at-fault driver’s insurance to reach a settlement. If an offer is made, take your time to review it carefully to ensure it fully covers your damages before accepting it.
When Settlement Fails: Litigation
If you can’t agree on a settlement, you may need to file a lawsuit against your own insurance company. While litigation can be lengthy, it may be the only way to ensure you get the compensation you deserve.
Knowing what to do after an accident with an underinsured driver can really help you get the compensation you need. By following the right steps and making sure your policy meets Louisiana UM coverage requirements, you’ll be in a much better position. Understanding your options and having the right coverage can make all the difference in getting through the aftermath of an accident.
Louisiana Statute of Limitations for Underinsured Motorist Claims
You generally have two years from the accident date to file a lawsuit. However, claims against your own UM insurer may have a 10-year contractual deadline. Minors or legally incapacitated persons may qualify for extensions.
Don’t Settle for Less – Call Now to Maximize Your Underinsured Motorist Claim in Louisiana
If you’ve been in a car accident and the other driver’s insurance can’t cover all your costs, you may be able to file an underinsured motorist claim in Louisiana. At E. Orum Young Law Personal Injury Attorney, we’re dedicated to making sure you don’t face the aftermath of an accident alone. Whether you’ve been in a crash with an underinsured driver or involved in a serious truck accident, we’re here to fight for your rights. You deserve to be fully compensated for your injuries, and we’ll help you secure the justice you’re entitled to.
We know how stressful dealing with insurance claims and legal issues can be. Let us take the burden off your shoulders. Reach out today for a free case review, and let’s discuss your options. We’re here to handle the hard part and guide you every step of the way.
