When the Other Driver Has No Coverage

Some drivers carry too little insurance, and some carry none at all. Louisiana addresses that risk through uninsured motorist coverage on your own auto policy. The answers below explain how the coverage works and why a single form can change what is available after a crash in Gonzales.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, known as UM, is part of your own auto policy. It can pay when the driver who caused a crash has no insurance or not enough. In Louisiana, it works as backup coverage for people hurt by drivers who can’t cover the damage.

Does Louisiana Require Insurers to Offer It?

Louisiana R.S. 22:1295 provides that coverage must be included in not less than the limits of bodily injury liability provided by the policy. The exception is when the insured rejects the coverage, selects lower limits, or selects economic-only coverage. Economic-only coverage is a narrower option than full coverage.

How Does Someone Reject the Coverage?

A rejection, lower-limit selection, or economic-only selection can only be made on a form prescribed by the commissioner. The insurer provides it, and the named insured or a legal representative must sign. A properly completed and signed form creates a rebuttable presumption that the insured knowingly rejected coverage.

Why Does the Form Matter After a Crash?

If the form is missing, incomplete, or unsigned, the insurer may have a harder time proving a valid rejection. Pull your policy documents early and ask for copies of anything you signed. Don’t assume the file is complete, because papers can go missing over time.

Do Limits Stack Across Several Vehicles?

Not automatically. The statute says the limits of liability aren’t increased because multiple vehicles are covered under one policy. It also says limits aren’t increased when an insured has coverage under more than one UM provision or policy. Priority rules then apply, with the vehicle the injured person occupied providing primary coverage.

What Proof Does the Claim Need?

You still have to show that the other driver caused the crash and that your injuries came from it. Helpful records include:

• The police report and photos of the scene

• Medical records and bills

• Proof the other driver lacked adequate insurance

• Your policy and any selection form

Getting the report is the first step. Answers about car accident reports in Louisiana can help you request and read yours.

How Is Fault Decided?

A UM claim sits on top of the usual fault questions. Louisiana weighs each driver’s share of blame, which is why fault in car accidents can be argued in more than one direction.

The evidence matters just as much. Strong proof is the core of proving fault, so decide what to gather before memories fade.

Should You Accept the First Payment Offered?

Your own insurer is on the other side of a UM claim, which can surprise people. Early offers may not match the losses you’ve documented. Keep every offer in writing, and don’t sign a release until you understand what it gives up. The risks of settling without legal help apply to these claims too.

What About Crashes Involving Trucks?

A crash with a truck adds questions about who owned it and what policies exist. If the truck’s coverage falls short, your own UM coverage may still matter. Claims that involve commercial vehicles are a separate area, and a Gonzales truck accident lawyer can explain how they differ.

Where Can Gonzales Residents Find Local Help?

Policy documents can be dense, and the selection form is easy to overlook. Reviewing the papers and explaining what they show about your coverage is something a Gonzales personal injury lawyer can do.

Who Handles These Claims at the Firm?

Here at Palmintier, Thrower, and Treuting Injury Attorneys, our team has over 80 years of combined experience helping injured individuals and families. Associate Benjamin B. Treuting earned his law degree and a Diploma in Comparative Law at LSU and has been licensed in Louisiana since 2015.

What Is the Best Next Step?

Collect your policy declarations page and the police report before talking to any insurer. If the other driver lacked adequate coverage, you can get in touch with us to see how your own policy may apply.