A guide to everything you should know about car accidents involving an uninsured driver, as well as what No Pay, No Play means in Louisiana.

Key Takeaways

• Uninsured motorist (UM) coverage helps protect you if the at-fault driver has no insurance, not enough insurance, or leaves the scene.
• Louisiana requires UM coverage unless the policyholder signs a valid written waiver.
• UM claims are filed with your own insurance company, but disputes over fault and compensation are common.
• Injured drivers may recover compensation for medical bills, lost income, and pain and suffering.
• Speaking with an attorney can help ensure your insurer honors the full value of your UM coverage.

Being hit by an uninsured or underinsured driver is one of the most frustrating situations a person can face after an accident. Louisiana has one of the highest rates of uninsured drivers in the country, which means many injured people end up relying on their own insurance to get the compensation they need.

This guide explains how uninsured motorist coverage (UM) works, what Louisiana law requires, and what you can do to protect yourself after an accident.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is added to your auto policy to protect you when the at-fault driver:

• Has no insurance
• Doesn’t have enough insurance (underinsured)
• Flees the scene (hit-and-run)

Louisiana requires insurance companies to include UM coverage unless the policyholder signs a specific waiver rejecting it. Many drivers don’t realize they have UM benefits until they need them.

Why UM Coverage Is So Important in Louisiana

Because of the high number of uninsured drivers, UM coverage is often the only realistic way an injured person can recover money for:

• Medical bills
• Vehicle repairs or replacement
• Lost income
• Pain and suffering
• Long-term effects or disability

If your accident involved a standard vehicle collision, you may want to read more about your rights on the Car Accident Lawyer page.

How UM Claims Work After an Accident

When you file a UM claim, your own insurance company must act as if they were the insurer for the at-fault driver. They are required to compensate you for the losses the other driver should have paid.

UM may cover:

• ER visits and hospital care
• Physical therapy or long-term treatment
• Future medical needs
• Lost wages and reduced earning ability
• Property damage
• Pain, emotional strain, and reduced quality of life

If the accident involved alcohol, you may also want to review the firm’s page on Drunk Driving Accidents. In Louisiana, if you are injured by a driver who was operating a vehicle under the influence of alcohol or drugs, you may also be entitled to punitive damages. These damages are awarded in addition to compensation for medical bills, lost income, and pain and suffering, and are meant to punish especially dangerous behavior and deter future misconduct.

Common Problems With UM Claims

Even though it's your policy, UM claims often create conflict with your insurer. Common issues include:

• Disputing who caused the accident
• Low settlement offers
• Pressure to accept a quick payout
• Delays in communication
• Arguments about medical necessity or long-term care

UM cases involving anxiety, trauma, or long-term psychological effects may overlap with what qualifies as Emotional Distress in personal injury cases.

Louisiana Laws That Affect UM Coverage

For most uninsured motorist injury claims in Louisiana, the prescriptive period is two years from the date of the accident for incidents occurring on or after July 1, 2024. Claims involving older accidents may be subject to a different deadline, so it is important to speak with an attorney as soon as possible.

UM Waiver Requirements

Louisiana law requires insurers to use a very specific form to waive UM coverage. If the waiver is incomplete or filled out incorrectly, courts often rule that UM coverage must be included anyway.

Hit-and-Run Claims

Louisiana allows UM recovery for hit-and-run accidents, but the injured driver must show:

• Evidence proving another vehicle caused the collision, or
• Actual physical contact occurred between the vehicles.

What to Do After Being Hit by an Uninsured Driver

1. Call the police immediately

A police report is crucial for a UM claim.

2. Get medical care right away

Even if symptoms seem small, medical documentation is essential.

3. Report the claim promptly

Most policies require quick notice.

4. Preserve evidence

Photos, witness information, medical records, bills, and repair estimates all help support your claim.

5. Speak with an attorney early

UM claims often become adversarial once money is involved. An attorney protects your rights and handles communication with your insurer.

When to Contact Brandt & Sherman

If an uninsured or underinsured driver caused your accident, you should not have to fight the insurance company alone. A lawyer can review your policy, identify every source of compensation, and push back against undervalued or denied claims.

Free Consultation With Brandt & Sherman Injury Lawyers

If you were injured by an uninsured or underinsured driver, Brandt & Sherman can help. We’ll explain your options, work directly with the insurance company, and fight to get you the compensation you deserve.

Contact us today for a free consultation.