Drivers in Louisiana must carry liability insurance any time they get behind the wheel of an automobile. This coverage is designed to pay for claims from third parties injured in accidents caused by the insured driver. Unfortunately, many motorists lack adequate coverage for a personal injury claim, and others do not have insurance at all.
When you are dealing with the reality of an uninsured/underinsured car accident in Baton Rouge, now is the time to seek legal counsel from the team at Tomeny | Best. Our practiced automobile accident attorneys could see if you may be entitled to a monetary award and could help you get what you deserve.
Options for Seeking Compensation
There may be different options available for someone hurt in a car collision with an uninsured or underinsured motorist in Baton Rouge. The best-case scenario for most people is that their insurance policy will cover the loss.
Uninsured/underinsured motorist—or UM/UIM—policies are designed for this situation. They cover losses in cases where the other driver does not have enough coverage to pay for all the damages or in situations where they lack insurance completely. The downside to this option is that not everyone purchases it. It is optional, and many drivers opt out due to the additional monthly costs. Whether a UM or UIM claim is an option will depend entirely on the policy’s specific language.
What if Insurance Is Not an Option
When an insurance claim is out of the question, there are still options. For example, a lawsuit against the negligent driver is always possible. This is a common approach, but there is a significant downside. If a driver lacks insurance coverage, they will often not have the assets available to pay the total cost of a personal injury settlement. The team at Tomeny | Best could help a hurt motorist in this situation by examining all other options.
Understanding No Pay, No Play
Louisiana has long struggled with drivers failing to carry adequate liability insurance—or any at all. The legislature adopted the “No Pay, No Play” law to combat this. This statute limits the monetary compensation a person can recover if they did not have liability insurance at the time.
When a driver is injured in a crash through no fault, they generally have the right to seek compensation from the at-fault party. This law restricts the compensation an injured motorist can recoup despite not being at fault. Uninsured drivers are prohibited from collecting the first $15,000 for bodily injury damages through lawsuits or settlements. They are also barred from recouping the first $25,000 for personal property losses. This outcome can often devastate or even eliminate the monetary award following an accident. However, there are some exceptions to this rule, and a Baton Rouge attorney may be able to help a motorist hurt from an uninsured or underinsured car collision.
Talk to an Attorney in Baton Rouge About Your Options in an Uninsured or Underinsured Car Accident
Sustaining an injury in a motor vehicle accident is a traumatic event. Not knowing how you will replace your lost wages or pay for your medical bills is even worse. However, when you have been hurt in a collision, you may have options even if the other driver is uninsured/underinsured in Baton Rouge.
Call the skilled attorneys at Tomeny | Best today for a free consultation. We could help you learn more about your available options.
