How UM/UIM Coverage Works in New Orleans, LA

If you are in a collision with another car, and the other driver was at fault, you are meant to be able to recover your financial losses by filing a claim with their insurance policy. If they don’t have insurance, or your damages exceed their coverage, you may need to recover from uninsured/underinsured motorist (UM/UIM) coverage. It is important to know how UM/UIM coverage works in New Orleans, LA, to get full financial coverage after a crash.

The Cost of Accidents in New Orleans

Car collisions can be very financially costly, from injury treatment to car repair to lost income. There were a grand total of nearly 17,300 car accidents in Orleans Parish in 2024. Nearly 72% of these only resulted in property damage. However, many led to injury, including 450 accidents resulting in suspected serious injury.

Throughout the state of Louisiana, the cost of suspected serious injuries in 2024 cost over $176,300. According to the Centers for Disease Control and Prevention (CDC), the average cost of hospitalization for a motor vehicle occupant was $266,728 per person, with $77,386 of that being only for medical costs of each person in 2023. It is important that you get medical treatment after a crash, such as from the Ochsner Medical Center – New Orleans.

Understanding Uninsured and Underinsured Motorist Coverage

In Louisiana, everyone on the road is required to carry insurance. Unfortunately, not everyone does. A driver may be unable to afford coverage or have an unintentional lapse in maintaining their coverage. UM and UIM coverage is part of your car insurance that protects you if the at-fault driver does not have car insurance, does not have enough coverage to pay your damages in full, or leaves the scene of the accident and cannot be found.

• Uninsured motorist coverage. This coverage applies when drivers who are at fault have no insurance. It also applies when a hit-and-run driver is at fault and cannot be found. It can cover medical bills, lost income, property damage repair and replacement costs, and other financial and personal losses, depending on the damages included in your policy.
• Underinsured motorist coverage. This coverage is useful when the at-fault driver does have car insurance, but it is insufficient for the severity of the damages you suffered.

UM or UIM coverage typically must be offered in a car insurance policy, and it is only removed if you, as the insured, request it from the policy. UM/UIM coverage will also apply to others in your vehicle. This coverage offers you and others financial protection.

What Are Other Ways to Financially Recover From an Uninsured Motorist Accident?

There may be other ways to get compensation if you are hit by an uninsured motorist, even without UM/UIM coverage. This includes:

• Other insurance coverage policies, such as personal injury protection or collision coverage, can be applied no matter who is at fault to cover specific damages.
• Filing a civil claim against the at-fault driver, holding them liable personally in court for your damages.
• Holding an at-fault driver’s employer vicariously liable if the driver was working.

With an Uninsured and Underinsured Motorist Accident Lawyer‘s help, you can assess each of these options. Not all will apply to your case, and some may not be realistic. For example, many uninsured drivers are not insured because they can’t afford it. Holding them liable in court would therefore be unlikely to get you any financial recovery, because they will not have sufficient assets to cover your damages.

An New Orleans, LA attorney also helps in many other ways, including by helping you negotiate a settlement, advocating for you in court, and gathering evidence to support your claim.

FAQs

How Does Uninsured Motorist Coverage Work in Louisiana?

Uninsured motorist coverage in Louisiana is a part of your car insurance policy, which comes into play if you are in a collision and the at-fault driver in the crash does not have the required car insurance, or the driver commits a hit-and-run. When a driver doesn’t have insurance coverage, you have the possibility to file a civil claim against them, but it’s unlikely they will have assets to pay the verdict. An uninsured motorist claim helps you financially recover.

How Do You Use Underinsured Motorist Coverage?

You can use underinsured motorist coverage if your injuries and damages exceed the insurance coverage limits of the at-fault party’s policy.

Once you have secured the maximum compensation for the at-fault party that is possible to recover, you can file with your own insurance for underinsured motorist coverage. This can cover more of or the rest of your damages, helping you recover after a collision. When you hire an uninsured motorist coverage lawyer, they can walk you through the process.

Will My Insurance Go Up if I Use an Uninsured Motorist Claim in Louisiana?

In Louisiana, if you were not at fault for an accident, your insurance cannot increase. When the uninsured motorist claim is for a crash entirely caused by the other driver, your insurance will not go up. If you were partially to blame, however, it may affect things. After an accident, it is important to get help from an attorney, especially in complicated cases like an at-fault driver without insurance coverage.

What Is Not Covered Under Uninsured Motorist Coverage?

Uninsured motorist coverage does not apply to vehicles not on the policy or to damage that you cause to the vehicle. It applies to covered vehicles when damage is done by a driver who does not have car insurance or by a driver who flees the scene of the accident. You might be able to recover property damage, lost income, or medical bills, depending on your coverage.

Hire an Uninsured Motorist Coverage Lawyer at Murphy Law Firm

If you were injured in a car accident in New Orleans and cannot fully recover through the at-fault driver’s insurance, or were in a hit-and-run, the right attorney can help you assess your options.

At Murphy Law Firm, we have decades of experience and have served Louisiana for more than 30 years. We can provide exceptional guidance and help you secure as much financial recovery as is possible. Reach out to our firm today, and learn what we can do to fight for your rights.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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