Being involved in a car accident is a stressful experience, but the situation becomes even more complicated when the other driver is uninsured. In Louisiana, driving without insurance is illegal, yet it still happens. If you find yourself involved in an accident with an uninsured driver, it’s important to understand your rights and the available options.
Your health and safety should always be the top priority following a car accident. If you sustain any injuries, it’s crucial to seek immediate medical attention. Once you’ve taken care of your well-being, report the accident to the police. Even if the other driver is uninsured, it’s essential to have an official record of the incident.
Coverage in Louisiana
Louisiana law requires all drivers to carry minimum liability insurance coverage. This coverage helps protect both the at-fault driver and the victims in the event of an accident.
In Louisiana, insurance companies are required to offer uninsured/underinsured motorist coverage (UM/UIM). UM/UIM coverage can provide financial protection for you and your passengers if you’re involved in an accident with an uninsured or underinsured driver. If you have this coverage, you can file a claim with your insurance company to seek potential recovery for any losses you faced from the accident.
What If I Don’t Have UM/UIM Coverage?
If you don’t have uninsured motorist coverage or your coverage is insufficient to cover your losses, you can do one of two things.
1. If a driver is “in the course and scope” for an employer, it means that the driver is performing duties or tasks within the scope of their employment at the time of the accident. This concept is important in the context of employer liability for the actions of their employees.
If an employee is driving a vehicle for their job, any accidents that occur during that time may be considered to have happened in the course and scope of their employment. This means that the employer may be held legally responsible for the consequences of those actions.
2. You may consider filing a lawsuit against the uninsured driver. Keep in mind that this route can be complex and time-consuming. Consult with an experienced personal injury attorney to evaluate your options and guide you through the legal process. They can help determine if pursuing legal action is a viable solution based on the circumstances of your case.
Being involved in a car accident with an uninsured driver in Louisiana presents unique challenges. However, it’s crucial to remember that you still have options to protect yourself and seek compensation for your losses. Whether through UM/UIM coverage or filing a lawsuit, Gordon McKernan Injury Attorneys’ team of expert attorneys is here to help