You got into a car accident with an uninsured motorist in the New Orleans metro area. Now what? Can you get compensation if it was the other party's fault? What should you do? Your LA uninsured motorist questions – answered!

Louisiana is a "Pure Comparative Fault" State

It is rare that an accident is 100 percent the fault of just one driver. Therefore, each party involved in an accident is assigned a percentage of fault. Any compensation awarded will be reduced by that party's degree of fault. So, if the other driver is 99% at fault, they can still recover 1% of their damages.

Did you Buy Uninsured Motorist Coverage (UM)?

LA insurance companies must offer you Uninsured Motorist (UM) coverage when you buy an auto insurance policy. If you have bought UM coverage before getting on the road in or around Metairie, it will help cover your medical expenses and property damage if the other driver is uninsured.

File a Claim Against the Uninsured Driver

You may file a lawsuit against the uninsured driver to recover damages. However, if the driver is uninsured, they may not have the financial resources to pay a judgment. That said, it makes sense to protect your rights and have a judgment in your favor entered against the defendant.

Understanding the "No Pay, No Play" Law

If you are the (insured) party who is considered at fault in the accident, and the other party is uninsured, they will not be able to claim the first $15,000 for medical bills and the first $25,000 for property damage. However, the "no pay, no play" rule does not pertain to the other driver's passengers. They can file claims against your insurance company. 

Colliding with an uninsured driver is never a clear-cut situation. The same goes for determining fault in an auto accident. Protect your rights by scheduling a consultation with the Schwartz Law Firm. Make the call today!