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Understanding Insurance Claims for Uninsured and Underinsured Motorist Accidents in Louisiana

Navigating the aftermath of a car accident in Louisiana can be complex, especially when the at-fault driver is uninsured or underinsured. Despite state laws requiring all drivers to carry a minimum amount of auto insurance, incidents involving uninsured and underinsured motorists occur with unsettling frequency. Understanding how to handle insurance claims in these situations is crucial for securing the compensation you deserve. This comprehensive guide delves into the specifics of dealing with uninsured and underinsured motorist claims in Louisiana, offering detailed insights to help you manage these challenging scenarios effectively.

The Basics of Uninsured and Underinsured Motorist Coverage

In Louisiana, auto insurance policies include an option for uninsured/underinsured motorist (UM/UIM) coverage, which protects drivers in the event that they are involved in an accident where the other party lacks sufficient insurance to cover the damages.

Uninsured Motorist Coverage: This part of your policy kicks in when you are hit by a driver who does not carry any auto insurance. It also applies to hit-and-run accidents where the at-fault driver cannot be identified.

Underinsured Motorist Coverage: This coverage is used when the at-fault driver’s insurance limits are too low to cover all of the damages they have caused. It covers the gap between the at-fault driver’s insurance limits and the actual damages up to the limits of your own UIM policy.

It’s important to check your insurance policy to understand the limits and exclusions of your UM/UIM coverage, as these will determine the extent of protection you have in such situations.

Steps to Follow After an Accident with an Uninsured or Underinsured Driver

  1. Ensure Safety and Report the Accident: As with any accident, your first priority should be safety. Once safe, contact law enforcement to report the accident. A police report is crucial, as it documents the incident and provides essential information for your insurance claim.
  2. Document the Scene and Gather Information: Take photos of the accident scene, the vehicles involved, and any injuries. Collect contact information from witnesses. Even if the other driver is uninsured, getting their contact information is important.
  3. Seek Medical Attention: Obtain a thorough medical examination even if you don’t initially feel hurt. Some injuries may not be immediately apparent, and a medical record will be vital for your insurance claim.
  4. Notify Your Insurance Company: Inform your insurer about the accident as soon as possible. Provide them with all the relevant details and the police report to start the claims process.
  5. Consult with a Personal Injury Attorney: Contacting an attorney experienced in handling uninsured and underinsured motorist claims can be critical. The team at Breaux Law is well-versed in Louisiana’s insurance laws and can provide you with the guidance needed to navigate this complex area.

How Breaux Law Can Help with UM/UIM Claims

Handling UM/UIM claims can be particularly tricky. Insurers may be reluctant to pay out these claims, and understanding the nuances of how these claims are handled in Louisiana is essential. Attorneys at Breaux Law can help in several ways:

  • Evaluating Your Coverage: We can review your insurance policy to determine the extent of your UM/UIM coverage and explain what compensation you may be entitled to.
  • Negotiating with Insurance Companies: Our experienced lawyers can handle negotiations with your insurance company to ensure that you receive a fair settlement.
  • Filing a Lawsuit if Necessary: If a satisfactory settlement cannot be reached, Breaux Law is prepared to pursue litigation to secure the compensation you deserve.

Navigating the Claims Process

The claims process for UM/UIM accidents can be lengthy and complex. It involves several steps:

  • Claim Submission: Submitting a comprehensive claim to your insurer with all necessary documentation, including medical records and a copy of the police report.
  • Claim Review: Your insurance company will review the claim to determine if it falls under your UM/UIM coverage and assess the amount of damages.
  • Settlement Negotiation: This is often the most critical phase. Insurers may offer a settlement that might not fully cover your losses. It’s important not to accept any offers without legal advice.
  • Resolution: If a settlement is agreed upon, the claim is resolved. If not, further negotiations or legal action may be necessary.

Legal Representation for Optimal Outcomes

Given the complexities involved in uninsured and underinsured motorist claims, having expert legal representation is invaluable. At Breaux Law, we are committed to helping our clients through every step of the process, from initial consultation to final resolution, ensuring that you are not left to navigate this challenging journey alone.

For anyone involved in an accident with an uninsured or underinsured driver in Louisiana, understanding your insurance policy and knowing the appropriate steps to take can significantly influence the outcome of your claim. If you find yourself facing such a situation, remember that you don’t have to handle it alone. The legal team at Breaux Law is here to help. Visit our website at BreauxLaw.com to learn more about our services or to schedule a consultation directly.

By educating yourself on these critical aspects and seeking the right support, you can enhance your chances of securing the necessary compensation to recover and move forward from the incident. This guide serves as your resource for navigating the complexities of uninsured and underinsured motorist accidents in Louisiana, providing you with the essential knowledge and tools to assert your rights and achieve a fair legal outcome.

Conclusion:

Navigating the aftermath of an accident with an uninsured or underinsured motorist in Louisiana requires a comprehensive understanding of your insurance policy and the laws that govern these types of claims. Taking the correct steps immediately after the accident, such as documenting the scene, reporting to law enforcement, and seeking medical evaluation, forms the foundation of a strong insurance claim. It’s also crucial to promptly notify your insurance company and engage the services of a skilled attorney who specializes in uninsured and underinsured motorist accidents.

At Breaux Law, we understand the challenges and frustrations that come with dealing with UM/UIM claims. Our experienced legal team is committed to advocating for your rights and ensuring that you receive the full compensation you are entitled to under your insurance policy. Whether through negotiation with insurance adjusters or pursuing litigation, our goal is to alleviate the burden of the legal process so you can focus on your recovery.

For those facing the daunting prospect of an uninsured or underinsured motorist claim, remember that you do not have to navigate this complex process alone. Armed with the right information and backed by expert legal support from Breaux Law, you can confidently pursue the justice and compensation you deserve. Reach out to us at BreauxLaw.com to explore how we can assist you further in turning a challenging situation into a manageable and successful legal journey.

Frequently Asked Questions About Uninsured and Underinsured Motorist Accidents in Louisiana

  1. What is uninsured motorist coverage in Louisiana? Uninsured motorist (UM) coverage is part of an auto insurance policy in Louisiana that provides protection when you are involved in an accident with a driver who does not have any auto insurance. This coverage helps to cover medical expenses, property damage, and other losses, even if the at-fault driver cannot pay.
  2. What does underinsured motorist coverage entail? Underinsured motorist (UIM) coverage kicks in when the at-fault driver’s insurance is insufficient to cover the total damages from an accident. It covers the difference between what the at-fault driver’s insurance will pay and what is still owed on your claim, up to the limits of your UIM coverage.
  3. How do I file a claim if I’m hit by an uninsured driver in Louisiana? If you are hit by an uninsured driver, immediately report the accident to the police and your insurance company. Provide all necessary documentation, including the police report, photos of the accident, and any medical reports. Contact a personal injury attorney, such as those at Breaux Law, to help navigate the claims process and ensure you receive appropriate compensation.
  4. Are Louisiana drivers required to have uninsured motorist coverage? In Louisiana, drivers are not required to carry uninsured motorist coverage; however, it is automatically included in every auto insurance policy unless the policyholder chooses to reject it in writing. It is highly recommended to retain this coverage to protect yourself against accidents with uninsured or underinsured drivers.
  5. What should I do if my uninsured motorist claim is denied? If your uninsured motorist claim is denied, review the denial letter for the specific reasons your insurer has provided. Consult with a personal injury lawyer who can assess the validity of the denial and advise on the best course of action, which may include negotiating with the insurance company or filing a lawsuit to pursue the claim further.

How can Breaux Law assist with my uninsured or underinsured motorist claim in Louisiana? Breaux Law can provide expert legal assistance by reviewing your insurance policy details, gathering all necessary evidence, and handling negotiations with your insurance company. If your claim goes to litigation, our experienced attorneys will represent your interests in court to fight for the compensation you deserve.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892