desiree

Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Personal Injury

A serious crash can create expenses that go far beyond vehicle repairs. Medical bills, lost income, and long-term injuries can quickly become difficult to manage. The problem is that the driver who caused the crash may not have enough insurance to cover those losses. Some drivers have no insurance at all, while others only carry the minimum coverage required by law.

Uninsured and underinsured motorist coverage, also called UM/UIM coverage, helps protect you in these situations by providing another source of compensation when the at-fault driver cannot fully pay for the damage they caused.

If you are dealing with an uninsured or underinsured driver after a crash, a New Orleans car accident attorney can help you understand how UM/UIM coverage may apply to your claim.

What Is Liability Insurance in Louisiana?

Liability insurance is the basic auto insurance coverage required for Louisiana drivers. It pays for injuries and property damage you cause to another person in an accident.

Louisiana’s minimum liability limits include:

Coverage Minimum Amount
Bodily injury per person $15,000
Bodily injury per accident $30,000

This coverage protects other people when you cause a crash. It does not pay for your own injuries when another driver is responsible.

For example, if another driver causes a serious accident but has only minimum insurance, their policy may not cover all your medical bills or lost income.

How Does Uninsured and Underinsured Motorist Coverage Work?

UM/UIM coverage applies when the driver who caused the crash does not have enough insurance to cover your losses. Louisiana law provides rules for uninsured motorist coverage under Louisiana Revised Statute §22:1295. In many cases, this coverage is included unless the insured rejects it or chooses different limits according to the required process.

Uninsured Motorist Coverage

Uninsured motorist coverage applies when the at-fault driver:

This coverage may help pay for medical expenses, lost wages, and other accident-related losses.

Underinsured Motorist Coverage

Underinsured motorist coverage applies when the other driver has insurance, but their policy does not cover the full amount of your damages.

For example, if your injuries result in $75,000 in losses and the other driver only has $15,000 in bodily injury coverage, your UM/UIM policy may help cover the remaining amount, depending on your policy limits.

What Does UM/UIM Coverage Pay For?

The exact benefits depend on your policy, but UM/UIM coverage may help with:

  • Medical bills and treatment costs.
  • Lost wages caused by accident injuries.
  • Pain and suffering related to the crash.
  • Certain property damage losses.
  • Injuries caused by hit-and-run drivers.

Many drivers assume the other person’s insurance will cover everything after an accident. However, serious injuries can quickly exceed minimum policy limits.

Learn more about the types of losses that may be included in a claim through this guide on insurance coverage limits.

Should You Decline UM/UIM Coverage in Louisiana?

Louisiana insurance companies must offer UM/UIM coverage, but drivers can reject it in writing or choose lower limits.

Choosing less coverage may lower your insurance cost, but it also means you may have fewer options after an accident caused by an uninsured or underinsured driver.

Before making that decision, consider the possible cost of a serious crash. Medical care, missed work, and long-term injuries can create expenses that far exceed minimum insurance limits.

TheLouisiana Department of Insurance provides information about auto insurance rules and consumer protections.

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Will Filing a UM/UIM Claim Increase My Insurance Rates?

Many drivers worry that using UM/UIM coverage will increase their insurance rates. Filing a UM/UIM claim does not mean you caused the accident. The circumstances of the crash and your insurance policy will determine how the claim is handled.

If you disagree with the insurance company, reviewing your policy and claim details can help you understand your rights.

What Should You Do After an Accident With an Uninsured Driver?

The steps you take after a crash can affect your claim.

  1. Get medical care. Some injuries take time to appear. Keep records of all treatment and medical expenses. Learn more about medical treatment after a car accident.
  2. Report the accident. A police report can document important details about the crash.
  3. Collect evidence. Take photos of the vehicles, injuries, road conditions, and anything else that may support your claim. This car accident evidence guide explains what information can be helpful.
  4. Notify your insurer. Tell your insurance company about the accident and ask about your UM/UIM coverage.
  5. Review your options. If the claim becomes difficult, legal guidance may help protect your interests.

Taking these steps early can make it easier to show what happened and support your claim.

How Much UM/UIM Coverage Should You Carry?

No single coverage amount works for every driver. The right choice depends on factors such as your income, assets, and the financial impact a serious accident could have on your life.

When choosing coverage, think about:

  • Your current liability limits.
  • Possible medical costs after a serious accident.
  • Income you may lose if you cannot work.
  • The needs of your family.

Many drivers choose UM/UIM limits that match or exceed their liability coverage because a serious accident can create losses much higher than the minimum required insurance.

Personal Injury Attorney

Why Work With a Personal Injury Attorney for a UM/UIM Claim?

A UM/UIM claim is made through your own insurance policy, but that does not always make the process simple. Insurance companies may review the accident, your injuries, and the value of your claim before deciding what they will pay.

A personal injury attorney can help by:

  • Reviewing your insurance policy.
  • Gathering evidence related to the crash.
  • Communicating with insurance companies.
  • Evaluating whether a settlement offer is fair.

You can also learn more about how attorneys handle claims that go beyond insurance policy limits.

Frequently Asked Questions

What is uninsured motorist coverage in Louisiana?

Uninsured motorist coverage helps when the driver responsible for your accident has no insurance or cannot be identified after a crash.

What is underinsured motorist coverage?

Underinsured motorist coverage applies when another driver has insurance, but their policy does not cover the full amount of your accident losses.

Do I need UM/UIM coverage if I have health insurance?

Health insurance may help with medical bills, but it does not replace lost wages or other accident-related losses. UM/UIM coverage may provide additional support.

Will filing a UM claim affect my insurance?

Making a UM claim does not mean you caused the accident. Louisiana law provides protections for drivers who use this coverage after being injured by another motorist.

How long does a UM/UIM claim take?

Some claims settle quickly, while others take longer. The timing depends on the injuries, evidence, policy limits, and whether there is a dispute with the insurer.

Contact Charbonnet Law Firm for Legal Assistance

Minimum insurance coverage may not be enough after a serious crash. UM/UIM coverage gives Louisiana drivers another option when the at-fault driver cannot fully pay for the damage they caused.

If you have questions about an uninsured or underinsured motorist claim, Charbonnet Law Firm can help you understand your coverage, deal with insurance issues, and protect your rights after an accident.

Contact us today to schedule a consultation and ensure you receive the justice and compensation you deserve.

Legal Resources:

  • Louisiana Department of Insurance – This official site provides comprehensive information on insurance regulations in Louisiana, including details about uninsured and underinsured motorist coverage.
  • Louisiana State Government Insurance Resources – This portal may offer additional insights into state-specific insurance requirements and consumer protection information. (search for insurance-related topics)

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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