Louisiana law requires all drivers to carry liability coverage. However, some motorists still drive without any auto insurance coverage. Drivers who only carry the minimum liability insurance often find it insufficient for covering injuries and property damage sustained from a wreck.
If you suffered an accident with an uninsured driver, a New Orleans uninsured car accident attorney from our law firm can help you understand your legal options. You may qualify for compensation to cover the cost of your medical bills, vehicle repairs, and other expenses.
Uninsured Motorist Coverage
Even though Louisiana drivers are legally required to carry auto insurance, some motorists drive uninsured. There are several types of uninsured motorist coverage:
Uninsured Motorist Bodily Injury Coverage
Uninsured and underinsured motorist coverage is designed to protect you if you are in an accident with a driver who has no insurance, or whose insurance is unable to cover the full extent of your medical bills and property damage.
Uninsured Motorist Economic-Only
Uninsured motorist economic-only coverage is another option some drivers carry. It is the same as uninsured motorist coverage, except that it only covers the actual cost of injuries incurred by you and passengers in the car. It does not provide compensation for the pain and suffering you may have endured as a result of the accident.
Uninsured Motorist Property Damage
Uninsured motorist property damage coverage covers the cost of repairs to your vehicle if you are in an accident with an uninsured or underinsured motorist. You are, however, limited to recover only $25,000 or the actual cash value of the car, whichever is less.
In the state of Louisiana, every car insurance policy automatically includes uninsured motorist coverage. While this coverage isn’t required in Louisiana, motorists must specifically reject this coverage on the Uninsured/Underinsured Motorist Bodily Injury Coverage Form to opt out.
You may even believe that you waived your uninsured motorist coverage, but if the rejection forms were not executed in accordance with Louisiana law, you may still be able to receive this type of insurance coverage. Our uninsured car accident lawyers in New Orleans can examine your case and help you determine whether this is an option for you.
Other Options for Recovering Compensation
There are two other options for recovering compensation for your injuries and property damage after an accident with an uninsured motorist:
Your Auto Insurance Policy
Your insurance policy becomes the primary form of coverage when the at-fault driver is uninsured and you do not carry uninsured motorist coverage. You may be able to recover compensation from your own liability coverage policy for the cost of your medical expenses.
If you carry additional collision insurance, you can use that to repair or replace your car, as your liability policy will not cover your own property damage.
Filing a Personal Injury Lawsuit
If filing an insurance claim is not an option, you may want to consider a personal injury lawsuit with one of our uninsured car accident attorneys in New Orleans. The challenge in pursuing a lawsuit is that an uninsured motorist often does not have money to compensate you for damages after an accident.
However, a personal injury lawsuit can be filed in the proper jurisdiction or small claims court to recover damages. If the court awards you damages, compensation can be recovered through several different methods, including wage garnishments or seizures of assets.
Types of Recoverable Damages After Car Accidents
While every case is different, many drivers are still able to recover compensation for their injuries and property damage, even after an accident with an uninsured motorist. Some types of damages you may be able to fully or partially recover include:
- Medical expenses
- Lost wages
- Future wages
- Pain and suffering
- Property damage
- Emotional distress
How a New Orleans Uninsured Car Accident Lawyer May Help
If you were involved in an accident with an uninsured driver, you still have options to recover compensation to cover the cost of your injuries or property damage. Our team of New Orleans uninsured car accident lawyers may help you by:
- Evaluating your current insurance policy and determining if you carry uninsured motorist coverage.
- Examining whether your Motorist Bodily Injury Coverage Form was executed in strict accordance with the law, or whether you may still recover compensation.
- Exploring all possible options for recovering damages related to the accident.
- Negotiating with the insurance company to protect your rights and help you recover full compensation for your injuries, property damage, and lost wages.
- Taking your case to court if we cannot recover damages through your own insurance policy.
- Answering your questions and offering legal advice.
Even if you paid your insurance premiums regularly, the insurance company may not compensate you fairly. A dedicated uninsured car accident lawyer in New Orleans may help by explaining your rights, building a strong claim, and protecting you against accepting an unfair offer.
Can I Afford to Hire an Uninsured Car Accident Lawyer?
We understand your first concern should be recovering from your injuries. If you can’t work, you may be struggling to make ends meet. We don’t let legal fees bar your path to financial recovery.
There are no up-front fees or hourly rates to worry about when you work with us. Our team of New Orleans uninsured car accident attorneys works on a contingency-fee-basis, which means we only collect payment if we successfully secure awards in your favor.
Your Time to Act Is Limited
A car accident could leave you injured for years to come. However, time limits apply. Under Article 3492 of the Louisiana Civil Code, you only have one year from the date of your car crash to initiate your lawsuit.
If you let the statute of limitations run out, your case may be dismissed. Don’t delay. Your lawyer will need time to gather evidence and build a strong case.
Team Up With a New Orleans Uninsured Car Accident Lawyer
To find out what your options are after a New Orleans uninsured motorist car accident, contact Morris Bart, LLC today. We’re available 24/7 to schedule your free consultation. When you work with an uninsured car accident attorney in New Orleans, you can rest assured that your case is in good hands.
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