Is It Advisable To Sue An Uninsured Or Underinsured Motorist Individually?

In Louisiana, if you do not settle your automobile accident liability claim in one year, you must file a suit prior to one year from accident date to protect your rights against the at-fault driver and his insurance company. However, if you sue the auto insurance carrier of the responsible driver, our law requires that you sue the insured driver too.

How Does The Process Work When I Have Been In An Accident With An Uninsured Or Underinsured Motorist?

Under Louisiana law, if the claimant/not at-fault driver has uninsured motorist coverage and his injuries and special damages exceed the liability insurance coverage on the at-fault driver, or if the at-fault driver has no insurance, the claimant should submit to his own insurance company a detailed and particular proof that the value of his claim exceeds the amount of automobile accident liability insurance of the at-fault driver. This includes emergency room costs, physical therapy costs, prescription medication costs, cost of x-rays, laboratory costs, travel expenses back and forth to doctors, and any wage loss. You should include future medical estimates, medical bills, and medical costs. The claimant or their attorney must assemble all of this information and pass it on to the uninsured motorist claims adjuster.

What Is The Statute Of Limitations For Bringing A Claim Against An Uninsured Or Underinsured Motorist?

In Louisiana, there is a two-year limit from the date of the accident or collision. You have one year to sue the responsible party or the at-fault driver and his liability insurance company, but the legislature has given us a two-year time limit to sue our own insurance company for an uninsured motorist claim.

Is It Difficult To Collect A Settlement From A Lawsuit Against An Uninsured Or Underinsured Person?

It is very difficult to collect money from the driver if he has no insurance or if there is a limited amount of insurance on the vehicle. A person who has no insurance is usually on the low end of the economic scale of our society and generally has limited or no assets to seize. He lives from payday to payday, his hourly wage is low, his house and automobile are mortgaged, and he can avoid paying any judgment that you may obtain against him by filing bankruptcy. This is why it is important to remember that uninsured motorist insurance is cheap protection when you need it.

For more information on Suing A UM/UIM Individually In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.

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