Accidents involving uninsured or underinsured drivers are a common issue on Louisiana roads. Despite mandatory insurance laws, a significant number of drivers operate vehicles without proper coverage. For those who are injured in a crash caused by one of these drivers, the process of recovering damages can be frustrating, complicated, and often misunderstood. Knowing what options are available under Louisiana law is the first step toward addressing the financial impact of such an accident.
Louisiana requires all motorists to carry liability insurance with minimum coverage levels. These minimums include $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person, and $25,000 for property damage. However, many drivers fail to comply with these laws, or they carry only the minimum, which may not be enough to cover the full extent of injuries or losses in a serious accident.
When a collision occurs and the at-fault driver lacks sufficient coverage—or has none at all—uninsured or underinsured motorist (UM/UIM) coverage becomes a critical resource. This coverage is part of an individual’s own auto insurance policy, and it is designed to pay for damages that would have otherwise been the responsibility of the at-fault driver.
UM/UIM coverage can pay for medical bills, lost wages, pain and suffering, and other accident-related losses. It may also apply in hit-and-run accidents where the driver cannot be identified. In these cases, the law treats the unknown motorist as uninsured, allowing the injured person to seek compensation under the UM portion of the policy.
However, the presence of UM coverage depends on whether the policyholder accepted or rejected it when the insurance policy was created. Louisiana law requires insurers to offer UM coverage, but policyholders have the option to decline it by signing a waiver. If this waiver is not signed, or if it is completed incorrectly, the coverage may still be in effect by default. Reviewing the policy documentation after an accident is essential to determine whether a valid UM/UIM claim can be made.
Filing a UM claim is not always a smooth process. Despite being made against one’s own insurance provider, these claims are still subject to scrutiny and, at times, opposition. Insurance companies may challenge the severity of injuries, the amount of damages claimed, or the facts surrounding the incident. For this reason, documentation plays a key role. Medical records, police reports, witness statements, and photographs from the scene all help support the validity of the claim.
When injuries are extensive, it is not uncommon for the value of a claim to exceed standard policy limits. In these cases, underinsured motorist coverage may allow an injured person to recover the difference between the at-fault driver’s liability coverage and the total amount of damages. For example, if the at-fault driver carries only the state minimum and the injured party’s medical bills alone exceed that amount, UIM coverage may help bridge the gap—up to the limits selected in the policy.
Policy limits are especially important in UM and UIM claims. The amount of available compensation will be restricted by the specific coverage limits included in the injured party’s policy. It is not uncommon for policyholders to be unaware of these limits until an accident occurs. Unfortunately, by that point, increasing coverage is no longer an option. This underscores the importance of reviewing insurance coverage periodically to ensure it meets current needs.
In rural areas like St. Landry Parish, hit-and-run accidents are more common than many assume. Limited lighting, isolated roadways, and fewer witnesses can make it easier for at-fault drivers to flee the scene. UM coverage is often the only recourse in these situations. However, these claims typically require additional documentation, such as proof that the injured party attempted to report the incident in a timely manner and that the injuries sustained are consistent with a vehicular collision.
Timing also matters. Louisiana has strict deadlines for filing personal injury claims, including UM and UIM claims. The prescriptive period is typically two years from the date of the accident. Failing to act within that timeframe can result in the forfeiture of any right to compensation, regardless of the circumstances or severity of the injuries.
Navigating a UM/UIM claim involves interpreting insurance language, gathering evidence, and addressing the various defenses insurers may raise. Many individuals begin the process assuming it will be straightforward, only to discover that claims adjusters challenge key elements of the case. This can lead to delays, reduced settlement offers, or outright denials. When this occurs, formal legal steps such as filing suit or engaging in mediation may become necessary.
Uninsured and underinsured motorist claims are often overlooked until they are needed. In Louisiana, where economic hardship and vehicle insurance lapses are frequent, this type of coverage can be the difference between financial recovery and long-term hardship. Understanding how it works, when it applies, and what the legal obligations are for both policyholders and insurers is essential to protecting one’s rights after an accident.
Recovering from a crash is difficult enough without facing additional barriers to compensation. UM/UIM coverage exists to provide a path forward in cases where the responsible driver cannot meet their financial obligations. When properly understood and pursued, it can restore stability and accountability in situations where responsibility alone is not enough.