Partner at AKD Lawyers

Practice Areas: Personal Injury, Insurance Claims

A car accident can leave you with medical bills, lost wages, and other costs. Those costs can be harder to cover when the driver who caused the crash has no insurance or not enough insurance.

Uninsured motorist (UM) and underinsured motorist (UIM) coverage may help in these situations. It can cover losses when the other driver’s insurance isn’t enough.

This guide explains how UM and UIM coverage works in Louisiana, whether you need it, and how it differs from other types of car insurance.

If you were hurt by an uninsured or underinsured driver, a Louisiana personal injury attorney can review your policy and explain your options.

Understanding UM and UIM Coverage

Uninsured motorist (UM) coverage can help when the driver who caused the crash has no insurance. It may also cover some hit-and-run accidents.

Underinsured motorist (UIM) coverage can help when the other driver has insurance, but that coverage is not enough to pay for your losses.

Depending on your policy, UM or UIM coverage may help pay for:

  • Medical bills
  • Lost income
  • Crash-related costs
  • Other covered losses

These coverages may also apply in hit-and-run accidents when you can’t identify the responsible driver.

Is Uninsured Motorist Coverage Required in Louisiana?

Louisiana does not require drivers to carry UM/UIM coverage. However, Louisiana auto insurance policies include UM coverage automatically unless the policyholder rejects it in writing using the required form.

Under La. R.S. 22:1295, drivers must complete a valid written rejection if they choose not to carry this protection.

Check your policy to see whether you have UM/UIM coverage and how much you can recover.

Uninsured/Underinsured Motorist Coverage - Akd law

Do You Need UM Coverage If You Have Collision and Comprehensive Insurance?

Collision and comprehensive insurance do not replace UM or UIM coverage. Collision coverage can help pay for damage to your car after a crash. Comprehensive coverage can help with certain other losses, such as theft, vandalism, or weather damage.

Neither coverage replaces uninsured or underinsured motorist coverage.

For example, another driver causes a crash, and you suffer serious injuries. Your collision coverage may help repair your car. It does not usually pay your medical bills or lost income. That distinction matters when choosing your auto coverage.

Louisiana Minimum Auto Insurance Coverage Requirements

Louisiana requires drivers to carry minimum liability coverage:

Coverage

Minimum Limit
Bodily injury per person $15,000
Bodily injury per accident $30,000
Property damage $25,000

These limits may not be enough after a serious crash. UM/UIM coverage may provide additional protection when the other driver’s insurance does not cover all of your losses.

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How Does a UM or UIM Claim Work?

A UM or UIM claim is made with your own insurance company. Having this coverage does not mean the insurer will automatically pay the amount you request.

The insurance company may review:

  • How the crash happened
  • Who was at fault
  • Your injuries and medical care
  • The other driver’s insurance
  • Your policy limits
  • Your losses

For a UIM claim, the other driver’s insurance also matters. Louisiana law may treat a driver as underinsured when their insurance is less than the crash damages, subject to the law and your policy.

Keep records of what the other driver’s insurance company paid or offered. This can help show how much coverage may still be available.

Uninsured Motorist Coverage Law

What Records Should You Keep?

Keep records that show what happened and how the crash affected you.

Save copies of:

  • The accident report
  • Photos and videos from the crash
  • Medical records and bills
  • Pay stubs or other proof of lost income
  • The other driver’s insurance information
  • Letters or settlement offers from the other insurer.
  • Your insurance policy
  • Your declarations page
  • Your UM selection or rejection form

Do not rely only on the declarations page. Other parts of your policy and your UM paperwork may affect your coverage and limits.

Your policy, the other driver’s insurance, and your records can all affect how much you may recover.

How Much UM/UIM Coverage Should You Have?

The right amount of coverage depends on your needs and finances. Consider your current liability limits, health insurance, income, and other financial responsibilities.

Higher UM/UIM limits can give you more protection after a serious crash. It is also a good idea to review your policy when your circumstances change.

FAQs

Do I need UM coverage in Louisiana?

Louisiana law provides this coverage in auto liability policies unless it is properly rejected, reduced, or changed through an option allowed by law.

Can I use UIM coverage if the other driver has insurance?

Potentially. If the other driver’s available coverage is less than your damages, your policy may provide additional coverage if its terms allow it.

Does UM coverage pay for damage to my car?

Not necessarily. Injury coverage and vehicle damage coverage are different. Collision coverage may address damage to your vehicle.

What if the other driver leaves the scene?

A hit-and-run may still lead to a claim under your policy, but Louisiana law has specific requirements for proving that an unknown driver caused the crash.

Can my insurance company deny my claim?

It can dispute a claim based on the policy, the facts of the accident, your injuries, or the amount of damages. The reason for the denial matters when deciding what to do next.

Get the Right Coverage After a Crash

A crash with an uninsured or underinsured driver can leave you with bills the other driver cannot pay. Your UM or UIM coverage may help cover some of these losses.

If you were injured in a crash , Alvendia, Kelly and Demarest Law Firm can explain your coverage and legal options.

Request a free consultation to discuss your case.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

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