According to one study, about 14% of Louisiana drivers are uninsured. And this number does not include the thousands of people who drive into Louisiana each day, some of whom also lack coverage. At Inzina Law Injury Attorneys, we have helped many people involved in a car accident with an uninsured driver. We have helped our clients obtain compensation to cover medical bills and other expenses. What do you di when you’re in a car accident with someone without insurance? Call to speak with a Lafayette car accident lawyer at our firm.
Stop and Exchange Personal Information
Under Louisiana law, you need to stop after an accident and give your identity. You should also render reasonable aid to anyone injured.
Take the following steps:
- Stop immediately. Don’t drive away, but you can move your vehicle from the lane of traffic if it is safe.
- Ask if anyone needs an ambulance and call one if someone is hurt or non-responsive.
- Share your name, address, and license number. Get the same information from the other driver.
- Ask for their insurance information and share your own.
- Call the police to report the accident. Remember to do this even if the other driver doesn’t want to involve the police.
Leaving the scene of a crash that results in bodily injury, also known as a “hit and run,” could result in an arrest, so it’s vital to take all the steps listed above.
Your Options for Compensation after an Uninsured Driver Accident
Louisiana requires that drivers carry liability insurance. This is fault-based insurance, meaning you can submit a claim on the other driver’s policy if they share at least some fault for the crash. Often, fault is in dispute, but you negotiate and present evidence in support of your claim.
When the driver is uninsured, then it’s harder to get compensation. And there are a lot of uninsured drivers—about 1 in 7, by one measure. Here are your options after a car accident with someone without insurance:
- Use Your Uninsured Motorist Coverage
Unlike liability coverage, Louisiana does not require you to have uninsured motorist coverage. However, your insurer must offer it, and the insurer must provide it unless you specifically waive it.
UM coverage is insurance you can use when the at-fault driver is uninsured or underinsured. car accident. It is still fault-based.
Consequently, you can’t use UM benefits if you were solely to blame for the wreck.
Our clients tap this insurance to pay for:
- Medical treatment for injuries caused by the accident, including surgery, pain medication and rehabilitation.
- Lost wages or income if they cannot work after the accident.
- Property damage, such as car repairs or a replacement vehicle.
Louisiana offers two types of UM coverage. One type only covers economic losses, but the other will also pay compensation for pain and many people are hesitant to use their own UM coverage because they are afraid their insurance rates will go up. The good news is that an insurer cannot lawfully increase your rates if you use your UM coverage.
- Use Other Insurance
You might have other insurance policies that can cover some of the costs of an accident with an uninsured motorist. For example, you might have collision coverage. This insurance will pay to fix your car after a crash and is no-fault coverage.
Some motorists have medical payments coverage. This is also no-fault insurance which you can use to pay for medical expenses immediately after a collision. Because these benefits are no-fault, you can immediately tap them, even if you are negotiating a settlement with your UM insurer.
You might have other applicable insurance policies. Reach out to our firm to speak with a car accident attorney.
- Sue the Driver Personally
You also have the option of suing a driver for a no insurance car accident. Under Louisiana law, a negligent defendant is on the hook for all damages they cause when they fail to drive carefully. Suing a motorist carries certain risks, however. For one, you might lose the case and end up with nothing. Also, even if you win, a common issue in this type of case is collecting money from the motorist. Often, an uninsured motorist has few assets to satisfy a judgment after a lawsuit. Finally, lawsuits take time – often at least a year or longer – which is a long time to wait for compensation.
At Inzina Law Injury Attorneys, we negotiate a settlement for most of our clients. You gain access to money much faster and without the hassle of trial. We can usually reach an agreement for a fair settlement.
Nonetheless, it sometimes makes sense to seek financial compensation in the form of a lawsuit. An uninsured driver accident is one of those situations. An uninsured driver might refuse to negotiate, so we have no choice but to file a lawsuit against them.
What to Do about Fleeing Drivers
Some motorists without insurance hit the gas pedal rather than stop after a crash. They don’t want the police to catch them without insurance coverage, since they could end up with criminal sanctions. Consequently, some people flee.
You might be able to make a claim on your UM coverage for a hit and run accident. The key issue will be proving you were struck by another vehicle and didn’t simply drive off the road because you were tired or distracted. Some insurance companies resist paying compensation after a hit and run because they suspect you are fully to blame.
We can help pull together evidence to use in a hit-and-run case:
- Witness statements. It’s good to have a person who can testify that you were hit by a fleeing driver.
- Dash cam or other video. This evidence is highly compelling, and we can use it to show you were really hit by another driver.
- Physical evidence. Paint smears and other evidence can establish you were struck by a fleeing motorist.
What if You Lack Car Insurance?
Louisiana also has a “No Pay, No Play” law which can impact your case if you are also uninsured. Under the law, you can’t recover the first $25,000 in property damage or the first $15,000 in personal injury coverage. That means that you’ll end up having to shoulder those costs all on your own.
The law works like this. Imagine you are uninsured and have $35,000 in property damage and another $50,000 for medical care and lost wages. You can only receive $10,000 for the property damage and $35,000 for the bodily injuries.
Call to Schedule a Free Consultation
Our Lafayette car accident lawyer is happy to meet with anyone hurt in a wreck. Reach out today.