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What is Uninsured Motorist Insurance and Should I Have It?

Car Accident in Louisiana, New Orleans, Metairie

In general, 14% of motor vehicle owners and operators in Louisiana have no automobile insurance. This is a pretty scary figure! What it means is that roughly one out of every seven cars on the road in Louisiana is uninsured.
Uninsured or under-insured motorist coverage is a type of automobile insurance coverage that exists to cover a person for bodily injury damages when the at-fault motorist in an automobile accident either has no insurance or the at-fault motorist does not have enough insurance to pay for a claimant’s damages.
A minimum automobile bodily injury liability policy in Louisiana allows for up to $15,000 in recoverable damages per person and a maximum of $30,000 in damages per accident. In other words, a minimum auto policy in Louisiana will pay out a maximum of $30,000 per accident but no one claimant can receive more than $15,000 in damages from the auto insurance policy.

Should I Have Uninsured Motorist Insurance?

The short answer to whether a person should carry uninsured/under-insured motorist coverage on their auto policy is YES!
If there are more than one or two claimants claiming against a minimum Louisiana auto liability policy for a motor vehicle accident, $30,000 can get exhausted quickly. Often, adding uninsured/under-insured motorist insurance to your auto policy costs less than $100 per year and you gain at least an additional $15,000 in coverage per person and an additional $30,000 in coverage per accident.

The experienced attorneys of Breaux Law Firm have been recovering damages from automobile accidents in New Orleans and Louisiana by making uninsured/under-insured motorist claims for their clients for over thirty years.

If you’d like any advice regarding insurance, an accident you or a loved one has been in, or a personal injury claim, call Breaux Law Firm now for a FREE consultation. We are available 24 hours a day, 7 days a week, at (504) 882-0545 or you can email us at info@breauxlaw.com.

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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