If you suffered injuries in a Mandeville car accident caused by an uninsured motorist, you may have options for pursuing damages to cover your accident-related expenses. An uninsured car accident lawyer from the Morris Bart law firm will review your case for free today. We may be able to help you pursue an insurance claim based on your own uninsured motorist (UM) coverage or take other steps to seek a payout in your case.
Call now to discuss your options with a car accident attorney serving Mandeville, St. Tammany Parish, and the greater New Orleans area. Our initial consultations are always free, and we handle these cases on a contingency basis. You should not have to pay the bills for an accident you had no hand in causing.
Options for Recovering Damages in an Uninsured Car Accident Case in Mandeville, LA
According to the Louisiana Department of Insurance, Louisiana law requires all drivers to carry a certain amount of liability insurance coverage if they own a vehicle. Liability auto insurance pays out to the victims of a car accident the policyholder caused. In Louisiana, the minimum liability requirements are 15/30/25, which means the minimum liability policy will include:
- $15,000 for bodily injury to one victim
- $30,000 for bodily injury to all victims in a single accident
- $25,000 for property damages to the victims’ cars and other property
While carrying this type of coverage is a legal requirement, that does not prevent some drivers from failing to do so. When these uninsured drivers cause an accident, it can make it more complicated for the victims to recover the damages they deserve. There are generally three ways victims can recover compensation to pay for their medical care and other expenses: filing a UM claim, identifying other sources of coverage, or suing the at-fault driver.
For a free legal consultation with a Uninsured Car Accident lawyer serving Mandeville, call 800-537-8185
Filing a Claim Based on Their Own Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist coverage, sometimes called a UM policy, is a type of insurance that protects a driver from having to cover the costs of an accident caused by an uninsured motorist out of their own pocket.
The most straightforward way we can help a victim of a car accident caused by an uninsured driver is by filing a claim based on their own UM coverage. This coverage generally matches the policy limits of their liability policy coverage. It pays out to cover the bodily injuries suffered by the policyholder or other occupants of their vehicle up to the policy limits. It also covers:
- Lost wages
- Medical care
- Ambulance transportation
- Follow-up care
If you have the required auto liability insurance coverage on your vehicle, you likely also have uninsured motorist coverage. Under La. R.S. 22 § 1295, policyholders must reject this policy in writing or have it included with their coverage.
While filing a claim and recovering compensation based on your own auto insurance coverage may seem like it will be easier than pursuing compensation from another driver’s insurer, this is not always the case. It is important to remember that your insurer is not on your side. They do not want to pay out a fair amount for your injuries and losses—they want to give as little as possible while still satisfying you.
These competing desires can make the negotiations based on an uninsured motorist claim as intense and challenging as a liability claim filed against another driver. Our attorneys know how to manage these talks and fight for the compensation our clients need and deserve.
Identifying Other Sources of Coverage
If an accident victim does not have UM coverage, there may be other options for seeking coverage for their medical bills and related care costs. The most common option is filing a claim based on their medical insurance. While health insurance does not usually pay these expenses, it may if there are no other options because the at-fault motorist was uninsured. Other options could include using your collision coverage for car repairs.
The downside to using other sources of coverage is that many of them have deductibles. You will likely need to pay out of pocket for some of your medical care and the first $500 to $1,000 of your car repairs.
There may still be other options. Our team can help you identify other sources of coverage based on your unique circumstances.
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Filing a Personal Injury Lawsuit Against the Uninsured Motorist
Occasionally, there may be reason to believe that an uninsured motorist can cover the expenses and losses the victims of the accident suffered despite their lack of insurance coverage. It may be worth our while to pursue a personal injury lawsuit against the at-fault driver if we can identify large assets in their name that might cover the damages our client endured. This option is not common, though.
In some situations, our team can identify additional liable parties based on the facts of the crash. This could provide you with some compensation to cover deductibles or a large percentage of your expenses and losses. For example, if the at-fault driver was on the clock, their employer might be vicariously liable. A parts manufacturer, road maintenance company, or others could have played a role in causing the crash, too.
The best way to learn more about your options for covering the costs of a Mandeville car accident caused by an uninsured driver is to discuss your case with a car accident lawyer from the Morris Bart law firm. Call today to get started.
Common Damages in a Mandeville Car Accident
The recoverable damages in a car accident stem from the expenses and losses incurred by the victim as a result of the collision. They are costs the victim would not have if not for the crash. The damages a victim of a Mandeville car accident may suffer include:
- Current and future medical treatment and related care
- Current and future lost wages
- Diminished earning capacity
- Pain and suffering
- And possibly more if you qualify
If we need to file a UM claim in your case, you can recover many of these expenses and losses up to the limits of your policy. We can help you calculate a fair value for your damages, gather evidence to support your claim, and negotiate with your insurance company to hopefully secure a just settlement. We can also help you file a property damage claim if you carry collision coverage.
There Are Strict Time Limits on How Long You Can Wait to Take Action
If you need to file a lawsuit based on your car accident, Louisiana Civil Code Article 3492 gives you one year from the date of the accident to take legal action. However, we generally pursue damages through an insurance claim, which has different deadlines. Still, it is essential to keep this deadline in mind, since allowing it to expire could have a significant effect on the outcome of your case, and exceptions can shorten the timeframe further.
If necessary, we will file a personal injury lawsuit in uninsured car accident cases. While the insurance claim deadlines depend on the policy, they are often much shorter than the state’s statute of limitations. Many insurance companies require policyholders to give notification as soon as possible. Since there is a high probability you will file your claim based on your own coverage in these cases, it is paramount to act quickly.
For this reason, we recommend calling us about your case as soon as your injuries allow. We can manage the communication with your insurer, explore your options, and begin building your claim while you undergo treatment and heal from your injuries.
Talk to a Mandeville Uninsured Car Accident Lawyer at Morris Bart, LLC
If you suffered injuries in a Mandeville car accident caused by an uninsured motorist, you may have options for pursuing compensation for your damages. Let a car accident lawyer review your case for free today. At the Morris Bart law firm, we have 15 fully staffed offices across the Gulf South, including our office in New Orleans. We may be able to handle your case if you sustain car accident injuries in Louisiana, Mississippi, Alabama, or Arkansas.
Call today for a free case evaluation and consultation.
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