What happens if I get hit by an uninsured driver? If you are in an accident with a driver who lacks liability insurance, you can file a claim under your own uninsured motorist coverage, a type of insurance policy you purchase to cover yourself in these situations.
You may also use other forms of insurance to provide financial relief, including MedPay. In situations where you have losses not covered by your insurance company, you can also file a lawsuit against the at-fault party. Speak with a Lafayette car accident lawyer about your case.
Always Start with a Police Report
After an accident with another vehicle, call the police and wait for them to arrive at the scene. This creates a police report that incorporates all evidence of what occurred at the scene. It can also make it clear who is at fault, and that will help you prove your losses later.
If the police do not come to the scene of the accident for any reason, be sure to document it with photos and video. Get the contact information for all parties involved, including witnesses who stopped to help. This information helps make it clear that an accident occurred.
Make sure to file a police report at the police station in the community where the incident occurred if one has not already been filed. Again, this documents the details of the accident, which the insurance company will want to establish before paying for any losses. Review our FAQs to learn more.
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Contact Your Insurance Company
If you have uninsured motorist coverage, you can contact your insurance company to alert them of the accident. In Louisiana, uninsured motorist coverage is not a legal requirement (Louisiana law RS 22:1295), though many drivers maintain this protection. If you have a policy already in place, consider the following steps:
- Contact your insurance provider to report the accident. Provide the police report information.
- Tell the insurance company that you are getting medical care as expected.
- Do not file a claim. Do not settle your case. Do not agree to any type of payment just yet.
Work with your attorney at this point to document your injuries and build your claim against your policy. You can claim as much coverage as you have that you can justify through evidence of your losses. Your lawyer will handle the entire claims process for you, reducing risks.
Understand Louisiana’s No Pay, No Play Law
Under Louisiana’s “No Pay, No Play” law (LA R.S. 32:866), a driver involved in a car accident without the legally required coverage cannot recover damages. That means that, if that driver is not at fault, and you are at fault, but they failed to maintain the legally required overage, they cannot seek a claim against you.
Uninsured drivers are barred from recovering the first $100,000 in any bodily injury claims they would receive, as well as the first $100,000 in property damage. It does not matter whether the driver was at fault for the accident. There are some limitations and restrictions on this, including when a driver is struck by someone who is under the influence or when the driver is engaged in a felony.
If you are the driver who failed to have proper insurance, this can be a very costly blunder. If you are the victim and the other driver was at fault but lacked insurance, it does not limit your right to seek compensation. In these situations, you can still seek a claim against your uninsured insurance policy when the other driver causes the accident.
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Filing a Lawsuit Against the Driver
Another step you can take in this process is to file a lawsuit against the driver who caused the accident. They may not have insurance, but the law still requires the driver to pay for your losses. That may mean you can file a lawsuit against the at-fault driver for any assets they own.
Filing a lawsuit is a necessary step if your injuries and property damage are higher than the amount of insurance coverage you have. If the at-fault party does not have assets, there may not be much you can recover. However, if they own a home, savings account, or other valuables, the court may force the liquidation of those losses to recover damages for you.
Your insurance company may fund the fight against the at-fault driver, as they want to recover any payments they sent out on your behalf. However, you should not trust that this will happen on its own. Instead, hire an attorney who can review your case and build a clear lawsuit against all of those involved.
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Determine if Any Third Party Is Involved
In situations where the driver lacks resources to cover your costs, your attorney may recommend pursuing additional steps to recover losses. This includes gathering evidence to support the claim that another party is partially at fault. This could be:
- Another driver who caused the accident
- The at-fault driver’s employer, if they were working at the time of the accident
- The city or state, if road conditions contributed to the accident
Your lawyer will fully investigate your case to pinpoint any other parties that may maintain responsibility for your losses. There is never a guarantee that there will be another legal entity to hold accountable. Still, in situations where there is, that may open the door for additional parties to recover damages from, in your case. Your lawyer will help you determine if that is the case.
Set Up a Free Consultation with an Attorney to Discuss Your Case
If you are suffering due to the negligence of another person, including a driver without insurance, you still have bills and losses.
Your insurance company becomes your first line of seeking compensation, but using a Lafayette car accident attorney from Galloway Jefcoat can help protect your rights to these funds.
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