When two cars get into an accident in New Orleans, there is a usual procedure of fault and insurance coverage to sort out. But what happens if the other driver doesn't have car insurance, or not enough insurance to cover the damage?

This is known as an uninsured driver accident. Fortunately, there are still policies in place for dealing with accidents when one of the drivers does not have insurance.

When the Insured Driver Is at Fault: Nothing Changes

If the driver with insurance is also found to be at-fault for the accident, their insurance covers the costs. The procedure goes forward like normal in which the at-fault driver's insurance covers the other driver's costs. If the insured driver's policy covers costs when they are at fault, they will also file a claim with their insurance to receive this coverage.

However, in New Orleans, the Louisiana "no pay, no play" law prevents uninsured drivers from claiming the first $15K in bodily injuries and $25K in property damage from an accident, regardless of fault.

When the Uninsured Driver is At Fault: UIM or Lawsuit

If the uninsured driver is at fault, the situation becomes more complex because their insurance cannot cover the costs.

Uninsured Motorist Coverage (UIM)

Ideally, the insured and not-at-fault driver has a UIM policy that covers uninsured motorist accidents. This policy covers the cost of injuries for the driver and their passengers as well as repair or replacement of their damaged vehicle.

Underinsured motorist coverage is often also included, in which the not-at-fault driver's policy covers costs if the at-fault driver's policy is not large enough for the expenses.

Personal Injury Lawsuit

If UIM coverage is not available or expenses go beyond the coverage of any insurance policy, the not-at-fault driver and any passengers can sue the uninsured driver personally for medical and repair expenses. This is a personal injury lawsuit in which the driver is held liable both for causing the accident and not having sufficient insurance.

If you have been in an accident in New Orleans with an uninsured or underinsured driver, contact Schwartz Law Firm. We can help you pursue a personal injury case to receive the compensation you need and deserve.