You did everything right. You were driving carefully, following the rules of the road—and then another driver slammed into you. Now you’re facing medical bills, a damaged vehicle, and missed work. And then you find out: the driver who hit you is uninsured. In this situation, you may need to file an uninsured motorist claim to recover your losses.
It’s a frustrating and frightening situation, but it is not hopeless. Louisiana law provides meaningful options for accident victims injured by uninsured drivers—and understanding those options is the first step toward protecting your recovery.
How Common Is This in Louisiana?
Uninsured drivers are a serious problem in Louisiana. The state consistently ranks among the highest in the nation for uninsured motorist rates, with estimates suggesting that roughly one in five Louisiana drivers carries no automobile insurance at all. If you’ve been hit by one of them, you’re far from alone.
Your Options After an Accident with an Uninsured Driver
1. Uninsured Motorist (UM) Coverage — Your Most Important Protection
The most powerful tool available to Louisiana accident victims hit by uninsured drivers is their own uninsured motorist (UM) coverage. UM coverage is a type of protection you purchase as part of your own auto insurance policy. When the at-fault driver has no insurance, your UM coverage steps in to compensate you for your injuries and damages—up to your policy limits.
Under Louisiana law, insurers are required to offer UM coverage when you purchase an auto policy. You can decline it in writing, but if you didn’t, there’s a good chance you have it. Check your policy carefully, or have an attorney review it for you.
UM coverage can pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (if combined with UMPD coverage)
The limits on your UM policy determine the maximum you can recover under this option. This is why carrying adequate UM coverage—at least equal to your liability limits—is so important.
2. Underinsured Motorist (UIM) Coverage
Closely related to UM coverage, underinsured motorist coverage applies when the at-fault driver has insurance but their policy limits are too low to fully compensate you for your damages. Louisiana’s minimum liability requirement is only $15,000 per person—which is woefully inadequate for serious injuries. UIM coverage bridges the gap between what the at-fault driver’s insurer pays and the full value of your claim.
3. Suing the Uninsured Driver Directly
You have the right to file a personal injury lawsuit directly against the uninsured driver. If you win, a court can enter a judgment in your favor.
The practical challenge: many uninsured drivers are uninsured because they lack financial resources. A judgment against someone with no assets or income may be difficult or impossible to collect. This option is most useful when the at-fault driver has identifiable assets—a home, a business, significant savings—that can satisfy a judgment.
4. MedPay Coverage
If you carry medical payments (MedPay) coverage on your own auto policy, it can help pay for your medical expenses regardless of fault. MedPay is typically a smaller benefit than UM coverage, but it can cover immediate medical costs while your larger claim is resolved.
5. Health Insurance
Your personal health insurance can cover medical treatment after an accident, regardless of who was at fault. Be aware, however, that your health insurer may have a subrogation right—meaning they can seek reimbursement from any settlement you later receive. An attorney can help you navigate these liens.
What to Do Immediately After an Accident with an Uninsured Driver
Call the police. A police report documenting the accident and confirming the other driver’s lack of insurance is critical evidence for any subsequent claim.
Get as much information as possible. The other driver’s name, address, driver’s license number, license plate, and vehicle description.
Document the scene. Photograph vehicle damage, the accident scene, road conditions, and any visible injuries.
Seek medical care promptly. Even if you feel okay at the scene, get evaluated by a physician as soon as possible. Delayed injuries are common, and a medical record connecting your injuries to the accident is essential.
Notify your own insurance company. Report the accident to your insurer promptly. Louisiana UM claims are filed with your own insurance company.
Do not give a recorded statement without speaking to an attorney first. Even your own insurer has a financial interest in minimizing your payout under a UM claim.
Contact a Louisiana personal injury attorney. UM claims can be more complicated than standard third-party claims. An experienced attorney can identify all available coverage, negotiate with your insurer, and pursue every avenue of recovery.
Can Your Own Insurance Company Fight Your UM Claim?
Yes. When you file a UM claim, your own insurance company essentially steps into the shoes of the at-fault driver and may dispute liability, injury severity, or damages—just as an opposing insurer would. This surprises many people who assume their own insurer will automatically be on their side.
This is one of the most important reasons to have an attorney represent you in a UM claim. Your attorney’s job is to advocate for you—not the insurance company.
What Compensation Can You Recover?
Through a combination of UM coverage and other available sources, you may be able to recover compensation for:
- All medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your vehicle
- Loss of enjoyment of life
The Bottom Line
Being hit by an uninsured driver in Louisiana doesn’t mean you’re out of options. The right combination of your own coverage, legal strategy, and experienced representation can still lead to meaningful recovery.
If you’ve been injured by an uninsured driver in Louisiana, contact Mansfield Melancon Injury Lawyers for a free consultation. We’ll review your insurance policies, evaluate every available avenue of recovery, and fight to get you the compensation you deserve.