Getting hit by an uninsured driver can leave you with medical bills, vehicle damage, and no immediate way to recover compensation. Your New Orleans uninsured motorist accident lawyer with Scott Vicknair Injury Lawyers knows how to take on insurance companies and fight for what you deserve.
With your New Orleans car accident lawyer and a firm that has recovered over $100 million in settlements and verdicts, you can focus on healing while we pursue the compensation you are owed.
How Uninsured Motorist Coverage Works in Louisiana
Uninsured motorist (UM) coverage protects drivers when they are hit by someone who does not have auto insurance. In Louisiana, UM coverage is included in most policies unless the policyholder specifically rejects it in writing.
A New Orleans uninsured motorist accident attorney from Scott Vicknair Injury Lawyers can help you understand how UM coverage applies to your case and whether you have options to recover compensation.
Stacking Uninsured Motorist Coverage in Louisiana
Stacking allows policyholders to combine UM coverage from multiple vehicles under the same policy. A driver with multiple insured vehicles may be able to stack coverage to increase the total compensation available after an accident. However, some policies contain anti-stacking provisions that limit this option.
Your New Orleans personal injury lawyer can review your policy to determine if stacking applies to your case. If stacking is permitted, you may be able to access additional compensation beyond the limits of a single policy. This can be particularly helpful in cases involving severe injuries and extensive medical costs.
Louisiana’s Uninsured Motorist Laws
Louisiana law requires insurers to offer uninsured motorist coverage to all policyholders. Under Louisiana Revised Statutes § 22:1295, UM coverage is automatically included in auto insurance policies unless the driver declines it in writing. This means many drivers have coverage without realizing it.
There is a difference between uninsured and underinsured motorist coverage. Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance, while underinsured motorist (UIM) coverage applies when the other driver’s policy limits are not enough to cover damages completely. If the at-fault driver carries only the state minimum liability insurance, UIM coverage may help pay for the remaining costs.
What Uninsured Motorist Coverage Pays For
Uninsured motorist coverage provides financial protection when the at-fault driver cannot pay for damages. UM benefits can cover medical bills, lost wages, and vehicle repair costs after an accident. Depending on the policy, UM coverage may also apply in hit-and-run crashes where the at-fault driver cannot be identified.
There are limits to what UM policies cover. Most policies have specific coverage caps, meaning there is a maximum amount the insurance company will pay. If damages exceed policy limits, drivers may need to explore other compensation options, such as personal injury lawsuits or using health insurance to cover medical costs.
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504-500-1111Challenges of Recovering Compensation After an Uninsured Motorist Accident
If you were hit by an uninsured driver, recovering compensation can be difficult. Without an insurance company to cover damages, you may need to file a claim through your own uninsured motorist (UM) coverage. However, insurance companies do not always make it easy to get the full amount you deserve, leading to disputes over:
- Policy exclusions – Some insurers deny UM claims based on policy loopholes or technicalities.
- Delays in payment – Insurance companies may slow down the claims process to limit payouts.
- Low settlement offers – Insurers may undervalue medical expenses and long-term damages.
- Disputed liability – Even in a hit-and-run accident, your insurer may argue that you were partially responsible.
- Failure to disclose UM coverage – Some insurers do not clearly explain UM coverage options to policyholders.
Insurance companies often rely on technicalities to deny or reduce uninsured motorist claims. If you do not fully understand your policy’s terms, you may miss out on coverage that could help with medical bills and repair costs. Reviewing your insurance policy carefully and seeking legal guidance can help you avoid being taken advantage of by profit-motivated insurers.
Legal Options After an Uninsured Motorist Accident in New Orleans
When the at-fault driver does not have insurance, you may need to explore legal options beyond a standard UM claim.
Depending on the circumstances of the crash, you may be able to sue the driver through a personal injury lawsuit. Holding your insurance company accountable or seeking additional coverage benefits could also be viable options.
Filing a Personal Injury Lawsuit Against the At-Fault Driver
If you know the identity of the uninsured driver, you may be able to file a personal injury lawsuit to recover damages. However, winning a lawsuit does not always mean receiving full compensation. If the at-fault driver does not have insurance, they may also lack the financial resources to pay for your losses.
A New Orleans rear end accident lawyer with our firm may be able to evaluate whether suing the at-fault driver is a viable option. In some cases, courts may garnish wages, place liens on property, or order structured payments to compensate you over time. However, if the driver does not have assets, securing a judgment may not result in immediate financial recovery.
Bad Faith Insurance Claims for UM Coverage
Your insurance company is legally required to handle claims in good faith. This means they must fairly evaluate your UM claim and pay out benefits according to the terms of your policy. However, insurers sometimes delay payments, deny valid claims, or offer settlements that do not fully cover your damages.
If your insurer is acting in bad faith, you may have legal grounds to challenge their decision. Some bad faith tactics include ignoring evidence, misrepresenting policy terms, or failing to respond to claims within a reasonable timeframe. Taking legal action against your insurance provider may result in additional compensation beyond your original UM claim.
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504-500-1111Trust in an Uninsured Motorist Accident Lawyer in New Orleans Who Knows How to Maximize Your Claim
Insurance companies do not always make it easy to get the compensation you need after a hit-and-run or uninsured motorist accident.
Your uninsured motorist accident attorney in New Orleans from Scott Vicknair Injury Lawyers will fight back against denied claims, low settlement offers, and bad-faith insurance tactics. Contact our office today for a free, no-obligation consultation to explore your options.
