If you were hurt in a crash in Louisiana and the driver who hit you has no insurance, you may feel trapped between medical bills, missed work, and repair costs. Louisiana law requires drivers to carry liability coverage, but not every driver follows the law. When an uninsured driver causes your injuries, payment may come from your own uninsured motorist coverage, another available policy, the at-fault driver personally, or a combination of sources.

Louisiana Insurance Requirements for Drivers

Louisiana Revised Statutes § 32:861 requires most motor vehicles registered in Louisiana to be covered by automobile liability insurance. The minimum liability limits are found in Louisiana Revised Statutes § 32:900. Those minimum limits are $15,000 for bodily injury to or death of one person, $30,000 for bodily injury to or death of two or more people, and $25,000 for property damage.

These limits are only minimums. A serious car accident can create medical expenses and lost wages far above those amounts. If the at-fault driver has no insurance policy, those minimum limits may not be available unless another insurance policy applies.

Your Uninsured Motorist Coverage May Pay for Your Losses

Louisiana Revised Statutes § 22:1295 governs uninsured and underinsured motorist coverage, commonly called UM coverage. In Louisiana, UM coverage is generally included in an automobile liability policy unless the insured rejects the coverage, chooses lower limits, or selects economic-only coverage.

If you have UM coverage, your own insurance company may be required to pay damages you are legally entitled to recover from the uninsured driver. Depending on the coverage selected, this may include medical bills, lost income, pain and suffering, and other damages connected to the crash. If economic-only UM coverage was selected, noneconomic losses may be limited or excluded. If the at-fault driver carried insurance but did not have enough coverage to fully compensate you, underinsured motorist coverage may also apply.

Even though you may be dealing with your own insurer, the company may still challenge fault, medical treatment, or the value of your injuries. Because of that, it is important to preserve medical records, photographs, witness information, and other evidence after the crash.

Can You Sue the Uninsured Driver Personally?

You may have the right to file a personal injury claim against the uninsured driver who caused the collision. However, many uninsured drivers do not have enough assets or income to satisfy a judgment. For that reason, your lawyer may need to investigate whether other insurance policies or parties could also be legally responsible. For example, coverage may exist through the owner of the vehicle, an employer, or another household policy.

Louisiana Revised Statutes § 22:1295.1 may also become important in some cases involving excluded drivers. The statute addresses situations where a named insured person may remain liable for damages caused by an excluded driver operating the vehicle with the permission of the named insured person.

Louisiana Civil Code Article 3493.1 generally gives an injured person two years from the date injury or damage is sustained to file a lawsuit.

Louisiana's “No Pay, No Play” Rule

Louisiana Revised Statutes § 32:866 is commonly known as Louisiana's “No Pay, No Play” law. Under the current version of the statute, an uninsured owner or operator generally cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damages arising from a motor vehicle accident.

The law contains several exceptions. For example, the limitation may not apply if the other driver was cited for a violation of Louisiana Revised Statutes § 14:98 as a result of the accident and was later convicted of or pleaded nolo contendere to that offense, intentionally caused the crash, fled the scene, or had committed a felony when the accident occurred.

Louisiana Uninsured Driver Accident Lawyer

After an uninsured driver accident in Louisiana, you may need help understanding your insurance coverage, identifying available compensation, and protecting your legal rights. Attorney Delsa can review your case and explain your legal options. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation.