When a motorist causes an accident in New Orleans or elsewhere in Orleans Parish, it can be challenging to seek damages if they do not have liability insurance. If this happened to you, you may not know what steps to take or where to turn for help.
You know you need compensation to cover your expenses and losses, but how is this possible without relying on the insurance coverage of the at-fault motorist? There may be options, including filing a claim with your own insurer. A member of our team can review the unique facts of your case for free, and one of our attorneys may be able to offer advice and representation.
You Could Recover Compensation Through a First-Party Claim
One of the most common ways injured motorists recover compensation after a car accident with an uninsured driver is through their own insurer. Filing a claim based on the coverage you pay for is known as a first-party claim.
The policy most likely to cover you in this situation is your uninsured/underinsured motorist coverage (UM/UIM). This is a voluntary policy in Louisiana that adds to the cost of your mandatory coverage. However, it automatically comes with your liability policy unless you officially opt out. Per La. R.S. 22:1295, policyholders must sign a form to refuse the coverage for uninsured motorists.
Coverage Under a UM/UIM Policy
Depending on the level of coverage you select, damages available under this type of policy may include:
- Medical treatment and care costs, up to the policy maximum
- Lost wages
- Additional expenses and losses
- Pain and suffering damages
For a free legal consultation, call 800-537-8185
Suing the at-Fault Driver for the Damages You Suffered
After a crash in New Orleans East or other areas of the city, you have a right to sue the driver who caused it. This is still true when that driver does not have the required liability auto insurance coverage.
However, there is a caveat here. Suing someone who has few assets will not do much good. Even if you win a financial award at trial and the court compels them to pay you, there is no guarantee you will get your money if they do not have it.
For this reason, many victims of uninsured motorists want to see evidence that the at-fault driver has assets to cover their losses before filing suit. An attorney from our firm can offer advice on this topic based on your specific circumstances.
You May Be Able to Find Relief Through Other Insurance Policies
In some cases, the burden of paying for your medical treatment and covering your car repairs could fall to other types of insurance coverage. This could include:
- Your health insurance policy for your treatment and care
- Your collision car insurance policy for repairing or replacing your vehicle
These are generally the options of last resort because both have deductibles you must pay before the insurance coverage kicks in. There may also be copays or other out-of-pocket cash you will need to spend to get the payout you need to cover these costs.
A Personal Injury Attorney Can Help Determine the Best Route for Your Family
Our team provides complimentary consultations for potential clients and their families. If you worry about how you can recover compensation for your New Orleans traffic accident because the at-fault driver was uninsured, one of our attorneys may be able to help.
We can weigh your options for seeking a payout based on the details of your accident, the assets of the at-fault party, the available insurance coverage, and more. Our team may be able to put a plan in place to seek financial recovery for you that includes:
- Repairs to your vehicle
- Payments for your necessary medical treatment
- Replacement wages for the time you missed at work
- Pain and suffering and other intangible damages
Our Firm Can Handle Each Step in Your Case
Our attorneys know how to investigate what happened, gather evidence, and prove:
- Negligence occurred and who caused it
- Who is liable
- How much your case might be worth
In general, the window for determining if filing a lawsuit is the best course of action in these cases is short. La. Civ. Code Art. 3492 gives most car accident victims one year from the day the accident occurred to file the initial paperwork against the defendant. Some circumstances could make this deadline come even sooner. Act quickly when possible.
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Speak with a Team Member from Morris Bart, LLC Today
You can talk to a representative from the Morris Bart law office in New Orleans about your legal options today. We offer free case reviews and consultations. This office also serves many surrounding communities, including Algiers, Belle Chasse, Chalmette, Covington, Destrehan, Gretna, LaPlace, Luling, Kenner, Mandeville, Metairie, Saint Bernard, and Slidell.
Call (504) 613-4771 now to connect with one of our lawyers for free. We are a contingency fee law firm and never ask our clients to pay any upfront fees.
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