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Uninsured Motorist Accident Lawyer in New Orleans

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New Orleans Uninsured Motorist Accident Lawyers Near Me

Free Consultation for Uninsured Driver Accident Cases in Kenner

You did everything right. You paid your premiums, you drove carefully, and then a driver with no insurance hit you. Now the bills are arriving, and the person who caused the crash has nothing to pay them with.

Here is what most people in New Orleans do not realize. When the at-fault driver has no insurance, compensation may be available through your own uninsured motorist (UM) coverage if your policy provides it. If the other driver has insurance but not enough to cover your damages, underinsured motorist (UIM) coverage may also apply. Collecting it is harder than it sounds, because the company deciding what to pay you is your own insurer.

At Gordon McKernan Injury Attorneys, our uninsured motorist lawyers in New Orleans handle these claims across Orleans and Jefferson parishes, including Metairie and Kenner. Our firm has secured 230+ Million dollar verdicts and settlements for injured people in Louisiana, and we also handle uninsured motorist claims statewide.

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Common Types of Uninsured Driver Accidents We Handle

Uninsured motorist crashes can happen in many ways, from a driver striking another vehicle and a hit-and-run leaving you with questions left unanswered. Each case can involve different evidence, insurance coverage, and liability issues.

Our New Orleans uninsured attorneys represent clients injured in:

New Orleans Uninsured Driver Statistics

A serious injury costs far more than a minimum liability policy pays. When the at-fault driver carries the state minimum, or carries nothing at all, everything above that line has to come from somewhere else. Usually that means your own coverage. Hit-and-run crashes can also create UM claims when the statutory requirements are met, including specific proof requirements when there is no physical contact between the vehicles.

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$176,323

was the average economic cost of a single serious injury in a Louisiana crash in 2024.

3,456

people suffered serious injuries in Louisiana crashes that same year.

21%

of fatal crashes in the New Orleans area were hit-and-run cases

Source: 2024 Louisiana Traffic Records Data Report

Types of Uninsured Motorist Accident Injuries Our New Orleans Lawyers Handle

Getting hit by an uninsured driver can make an already painful situation even more complicated. You may be left dealing with serious injuries while also wondering who will pay for your medical care, lost income, and other losses. When the at-fault driver has no insurance, recovering compensation can require navigating your own uninsured motorist coverage.

We’ve seen how a crash with an uninsured driver can disrupt nearly every part of your life, from your ability to work to your physical and emotional well-being. Whatever your injury, we treat it as seriously as you do.

Here are some of the injuries we see most often:

Injured? Call Now at 888.501.7888

What Uninsured and Underinsured Motorist Coverage Does

Louisiana law treats this as one protection with two jobs. UM coverage steps in when the at-fault driver carries no insurance at all. UIM coverage steps in when that driver has a policy, but the limits run out before your damages do.

Louisiana requires very little liability coverage. A minimum policy pays $15,000 for one person’s injuries and $25,000 for property damage, but the cost an accident can be much higher. That’s where the underinsured portion comes in.

State law also counts situations you might not expect. If the at-fault driver’s insurance company becomes insolvent and cannot pay, the law treats that vehicle as uninsured. The same applies when the other driver’s liability coverage is less than the damages you suffered (La. R.S. 22:1295(2)).

Hit-and-run crashes can qualify too, but there is a catch. When no vehicle actually touched you or your car, you have to prove what happened through an independent, disinterested witness (La. R.S. 22:1295(1)(f)). Our New Orleans car accident lawyers move quickly to find those witnesses before they scatter.

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Uninsured Motorist Accident Lawyer New Orleans 1

Uninsured Motorist Accident Lawyer New Orleans 2

Do You Have Uninsured Motorist Coverage?

This is the question we hear most, and the answer surprises people.

Louisiana requires your insurer to include UM coverage in your auto policy at limits matching your bodily injury liability limits. The only way it is missing is if you rejected it, chose lower limits, or chose economic-only coverage, and you did that in writing on a form the insurance commissioner prescribes (La. R.S. 22:1295(1)(a)).

That form has rules.A signed but improperly completed selection form does not create the same presumption that the insured knowingly rejected or modified UM coverage. The statute also provides that coverage may still be denied if it is determined that the insured or representative intended to reject or modify the coverage. Because the selection form can affect whether UM coverage applies, reviewing the policy and the form used to reject or modify coverage can be important when a UM claim is disputed. We read the policy and the selection form ourselves, at no cost to you.

Two cautions are worth knowing. Economic-only UM coverage generally limits recovery to economic losses and excludes noneconomic losses such as pain, suffering, inconvenience, and mental anguish. And UM coverage generally will not apply while you are occupying a vehicle you own that the policy does not describe (La. R.S. 22:1295(1)(e)).

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Louisiana’s “No Pay, No Play” Law Changed in 2025

If you were driving without the required liability insurance when the crash happened, Louisiana limits what you can recover, even when the other driver caused it.

That limit grew sharply. Under the current law, the limitation is $100,000 for bodily injury and $100,000 for property damage, subject to statutory exceptions (La. R.S. 32:866(A)(1)).

The law carries exceptions. The limit does not apply if the other driver was cited for operating while intoxicated because of the crash and later convicted or pleaded no contest, caused the crash on purpose, fled the scene, or was acting in furtherance of a felony (La. R.S. 32:866(A)(3)).

A few more points matter. Passengers keep their claims, unless the passenger also owns the uninsured vehicle. Buying a policy after the crash does not undo the limit. Legally parked vehicles fall outside this rule entirely.

Injured? Call Now at 888.501.7888

Louisiana Fault Rules Changed on January 1, 2026

Louisiana used to reduce your recovery by your share of fault, however large that share was. That is no longer the rule.

Under La. Civ. Code art. 2323, as amended by Act 15 of 2025, a person found 51% or more at fault recovers nothing. Below 51%, damages are reduced in proportion to your percentage of fault. Article 2323 was amended effective January 1, 2026. The rule that applies to a particular claim can depend on when the applicable cause of action arose, so the date of the accident and the facts of the claim should be reviewed.

This raises the stakes in every UM claim. Your own insurer now has a financial reason to argue your share of fault was higher, because a few percentage points can erase your recovery entirely. Fault disputes are common in speeding and intersection crashes, where accounts conflict.

There is an exception: if a wrongdoer intentionally caused part of your harm, your claim is not reduced at all.

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Deadlines for a New Orleans UM Claim

UM claims run on their own clock, and that clock is easy to misread.

UM claims: two years from the date of the accident, not from the date your insurer denies you (La. R.S. 9:5629)
Claims against the at-fault driver: two years from the day the injury was sustained, for accidents after July 1, 2024 (La. Civ. Code art. 3493.1)
Accidents before that date fell under Louisiana’s earlier one-year period

The claims process can take time, but the statutory deadline continues to apply. Do not assume that waiting for an insurer’s decision extends the deadline.

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Contact an Uninsured Motorist Accident Attorney Near Metairie Today

Injured in an Accident? Find Legal Help Near You

Evidence fades, witnesses move, and your deadline keeps running. If an uninsured or underinsured driver hurt you, the sooner we read your policy, the more options you have.

At Gordon McKernan Injury Attorneys, our attorneys for uninsured driver accidents serve New Orleans, Metairie, Kenner, and the surrounding parishes from our New Orleans area office. Our firm brings 679+ years of combined legal experience and over 180 employees, including 130+ staff and 47 attorneys to claims like yours, and we have recovered approximately $3 Billion for injured people and their families.

Call 888.501.7888 today for a free consultation.

With our No Fee Unless We Win promise, you pay nothing unless we recover for you. That’s the G Guarantee.

When the insurance company is not on your side, Get Gordon, Get It Done.

Prior results do not guarantee a similar outcome. Results may vary depending on the facts and circumstances of each case. Viewing this website or contacting the firm does not create an attorney-client relationship.

Injured? Call Now at 888.501.7888

How Our New Orleans UM Lawyers Handle Your Claim

We start by finding every dollar of coverage that applies, then we build the claim around it.

Louisiana has specific rules about which policy pays first and about what does not add up. Having multiple vehicles or multiple UM policies does not automatically multiply your UM limits. When you are injured while riding in a vehicle you do not own, Louisiana law establishes priority rules for which UM coverage applies first and when another policy may provide excess coverage (La. R.S. 22:1295(1)(c)). Commercial auto policies follow a separate rule, which matters in work-vehicle crashes and in the cases our New Orleans truck accident lawyers handle.

From there, we:

Request the full policy and the UM selection form
Establish the other driver’s uninsured status using the proof Louisiana law allows
Gather the crash report, medical records, and wage loss documentation
Identify household and employer policies that may also apply
Locate independent witnesses in hit-and-run claims
Handle every call and letter from the adjuster
Prepare the claim for suit or arbitration if needed

Louisiana law provides that submission to arbitration under a UM policy is optional with the insured (La. R.S. 22:1295(5)).

Compensation Available in an Uninsured Motorist Claim

The amount you may recover from a UM claim depends on the applicable policy limits, the nature and value of your damages, available coverage, and Louisiana law.

Our New Orleans personal injury lawyers pursue:

Emergency care, hospital bills, and future treatment
Lost wages and reduced earning capacity
Pain and suffering
Mental anguish
Property damage to your vehicle
Wrongful death damages for surviving family members

Coverage for damage to your car works differently from bodily injury coverage. Louisiana law provides for UM property-damage coverage in certain circumstances, subject to a $250 deductible and statutory limits. The amount of available coverage depends on the policy and the applicable provisions of Louisiana law.

Mistakes to Avoid After a Crash With an Uninsured Driver

The first few weeks shape what your claim is worth. These are the errors we see most often:

Giving a recorded statement to any adjuster, including your own, before you have a lawyer
Assuming there is no money because the other driver had no insurance
Skipping medical care or leaving long gaps in treatment
Posting about the crash or your injuries online
Accepting the first offer your insurer puts on the table
Letting the two-year deadline run while you wait for a decision

If you have already done one of these, call us anyway. Most of these problems can still be managed, and the sooner we know, the more we can do about them.

Don’t Wait — Talk to a New Orleans Uninsured Motorist Accident Lawyer Today

At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.

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How It Works

Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.

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