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What Are Your Options when An Uninsured Motorist Hits You?

On Behalf of The Law Office of Bruce C. Betzer Aug. 14, 2020

Dealing with the aftermath of an auto accident can be difficult, even if it was a fender bender. If an uninsured or uninsured motorist hit your vehicle, though, the process becomes much more challenging. Without a policy or proper coverage, you cannot file a claim against the other driver. Yet, your uninsured motorist (UM) coverage may protect you in this situation.

How Uninsured Motorist Coverage Works

Louisiana follows fault-based insurance laws. In most cases, these require you to file a claim through the responsible motorist’s policy after an accident. The filing procedure becomes complicated when the at-fault driver has no insurance or has limited insurance. The state, though, requires all motorists to carry UM insurance, unless they opt out of it through a written form.

UM policies cover expenses incurred by injuries, as well as pain and suffering. While they do not cover damage to your vehicle, your policy may include collision coverage, which does. If your policy does not include it, you can purchase UM property damage coverage, which provides similar benefits. By carrying comprehensive insurance, you can receive full coverage when an uninsured motorist hits you. When an underinsured motorist hits you, your policy will pay out the difference between your claim and the amount the driver’s policy covers.

When Uninsured Motorist Coverage Isn’t Enough

In certain cases, the coverage your policy provides will come up short. You may have experienced serious injury, or your vehicle serious damage. In these cases, the compensation you require may exceed your policy’s limits and you may want to take legal action against the at-fault motorist. Doing so may not make sense if the driver has limited resources. But otherwise, pursuing this compensation may help you achieve the relief you need.

By understanding Louisiana’s insurance laws, you can protect yourself after a collision with an uninsured or underinsured driver. Consulting a personal injury attorney can help you evaluate your options for moving forward.