There are plenty of qualified attorneys in Shreveport. You are doing your research, which means something has happened. No one reads lawyer websites until they need one. Our clients came to us after they were injured by drivers who had no insurance, not enough insurance, or who fled the scene entirely. This page explains how Louisiana's uninsured motorist law works, what your own insurance policy is required to cover, and what your legal options are. Read it. Compare us. Your decision.
Uninsured Motorist Accident Attorneys
When another driver causes an accident and has no insurance, injured victims face a problem their own responsible behavior did not create. Louisiana requires drivers to carry liability insurance, but many do not comply. The Louisiana Department of Insurance estimates that roughly one in seven Louisiana drivers is uninsured at any given time.
If you were injured by one of those drivers, you are not without legal options. Louisiana law requires your own auto insurer to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. Understanding how that coverage works, and how to enforce it, is what this page covers.
What Is Uninsured Motorist Coverage in Louisiana?
Louisiana Revised Statute 22:1295 governs uninsured motorist coverage. The statute requires every auto liability insurer in Louisiana to offer UM coverage in limits equal to the bodily injury liability limits of the policy. Your insurer must offer this coverage. You can reject it in writing, but you must sign the rejection specifically for each policy term.
UM coverage has two components:
Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all. This includes hit-and-run drivers where the vehicle makes physical contact with your vehicle or person.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are not sufficient to cover your damages. Louisiana allows UIM to stack on top of the at-fault driver's policy, meaning your UIM pays the difference between what their insurance covered and your total damages, up to your UIM limits.
Under La. R.S. 22:1295, UM coverage is primary when you have no other applicable coverage, and it is excess over any other available insurance when another source exists.
When Does UM Coverage Apply?
UM coverage applies in three main situations:
The at-fault driver has no insurance. The driver who caused your accident carried no auto liability policy at the time of the crash. Your UM coverage steps in to compensate you for damages the at-fault driver cannot pay.
The at-fault driver is underinsured. The driver who caused your accident had insurance, but their policy limits were too low to compensate you fully. If your damages are $150,000 and the at-fault driver carried only $15,000 in liability coverage, your UIM coverage can make up the difference up to your own policy limits.
Hit-and-run accident. An unknown driver caused your accident and left the scene. Under Louisiana law, UM coverage applies to hit-and-run accidents where physical contact occurred between the hit-and-run vehicle and your vehicle or person. Louisiana does not allow purely phantom vehicle claims without physical contact.
One procedural point that often catches people off-guard: the claim is filed with your own insurance company, not the at-fault driver's. Your insurer steps into the position of the at-fault driver and is required to pay covered damages.
What Damages Can You Recover in a UM Claim?
UM coverage compensates for the same categories of damages available in a standard personal injury claim against an at-fault driver:
Medical expenses. Emergency room treatment, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, and future medical costs reasonably expected from your injuries.
Lost wages. Income lost while you were unable to work because of your injuries, and loss of future earning capacity if your injuries are long-term or permanent.
Property damage. Repair or replacement value of your vehicle and any other personal property damaged in the accident.
Pain and suffering. Compensation for the physical pain, emotional distress, and reduced quality of life resulting from your injuries.
Wrongful death damages. If a family member was killed by an uninsured driver, UM coverage may provide survival action and wrongful death damages to qualifying survivors under Louisiana law.
The amount recoverable is limited by your UM policy limits. This is one reason why carrying adequate UM limits matters. Louisiana's minimum liability requirement is $15,000 per person and $30,000 per accident, but minimum coverage rarely covers serious injury claims.
How the UM Claims Process Works in Louisiana
Filing a UM claim is not the same as filing a claim against another driver. The procedural steps include:
Report the accident. Notify police and obtain an accident report. Document the scene, the other driver's information (or lack of it), and any witnesses.
Notify your insurer promptly. Louisiana law and most policy terms require prompt notice of a UM claim. Delay can give your insurer grounds to dispute coverage.
Document your damages. Medical records, bills, wage loss documentation, and photos of vehicle damage and injuries all support your claim.
Your insurer investigates. Unlike a claim against an adverse party, your UM insurer has a duty of good faith under Louisiana law. Louisiana Revised Statute 22:1892 requires insurers to pay undisputed claims within 30 days of satisfactory proof of loss. Failure to comply can result in bad faith penalties of 50 percent of damages plus attorney fees.
Negotiate or litigate. If your insurer disputes the value of your claim, you have the right to file suit against your own insurer. Louisiana courts treat UM claims the same as any other contract dispute, and juries decide contested damage amounts.
The one-year prescriptive period under La. Civ. Code art. 3492 applies to UM claims based on personal injury. Missing this deadline bars your claim entirely.
Common Tactics Insurance Companies Use to Deny UM Claims
Your own insurer has a financial interest in paying as little as possible on your UM claim. Common denial and delay tactics include:
Disputing the rejection form. Insurers sometimes claim you signed a UM rejection form when you did not, or that the rejection was valid for the current policy term when it was signed for an earlier term. Louisiana courts have strictly construed rejection requirements. If the rejection did not comply with La. R.S. 22:1295, the insurer owes coverage.
Arguing the at-fault driver was insured. Insurers may investigate whether the at-fault driver had any coverage at all, even lapsed or minimal coverage, to reduce their UIM obligation.
Disputing the extent of your injuries. Insurers may order independent medical examinations with physicians they select, or argue your injuries were pre-existing or unrelated to the accident.
Claiming no physical contact in a hit-and-run. For phantom vehicle claims, insurers will deny coverage if they can establish no physical contact occurred, which is required under Louisiana's UM statute.
Low-ball settlement offers. Initial settlement offers frequently do not reflect the full value of serious injury claims. Once you sign a release, you cannot seek additional compensation.
Who We Are and What We Do
We have handled uninsured and underinsured motorist claims in Shreveport and throughout Northwest Louisiana. These cases require knowledge of both personal injury law and insurance contract law, and we have litigated UM bad faith claims against insurers who failed to honor their obligations.
The statute of limitations for UM claims in Louisiana is one year from the date of the accident under La. Civ. Code art. 3492. Acting promptly preserves evidence and keeps your legal options open. View our case results to see how we have handled these matters. We answer calls 24 hours a day.
Frequently Asked Questions
- Q: What is the difference between uninsured and underinsured motorist coverage in Louisiana?
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Uninsured motorist (UM) coverage applies when the at-fault driver has no auto liability insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are lower than your total damages. Both coverages are governed by Louisiana Revised Statute 22:1295. Under Louisiana law, your insurer is required to offer UM/UIM coverage equal to your bodily injury liability limits unless you reject it in writing for that specific policy term.
- Q: Can I file a UM claim if the driver who hit me fled the scene?
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Yes, in most cases. Louisiana's UM statute covers hit-and-run accidents where there was physical contact between the fleeing vehicle and your vehicle or person. If no physical contact occurred, coverage is generally not available for a purely phantom vehicle claim. Report the accident to police immediately and notify your insurer promptly, as delays can affect your claim.
- Q: How long do I have to file a UM claim in Louisiana?
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The prescriptive period (filing deadline) for personal injury UM claims in Louisiana is one year from the date of the accident under La. Civ. Code art. 3492. This one-year deadline is the same as for standard personal injury claims. Missing this deadline bars your claim. Consult an attorney before the deadline to understand all applicable time limits.
- Q: What happens if my insurer refuses to pay my UM claim?
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If your insurer disputes or denies your UM claim without reasonable cause, Louisiana Revised Statute 22:1892 allows you to seek bad faith penalties equal to 50 percent of your damages plus attorney fees. You have the right to file suit against your own insurer to enforce your UM coverage. A lawyer experienced in insurance bad faith claims can evaluate whether your insurer's conduct meets the threshold for penalties.
- Q: Do I need a lawyer to file a UM claim?
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You are not required to hire a lawyer to file a UM claim. However, UM claims involve both injury valuation and insurance contract interpretation. Insurers have adjusters and legal teams whose job is to limit payouts. An attorney who handles UM claims can identify coverage issues, respond to low-ball offers, and pursue bad faith penalties if your insurer acts improperly.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.