What Happens if I’m Hit by an Uninsured Driver in New Orleans?

If an uninsured driver hits you in New Orleans, your uninsured motorist coverage will have to kick in if you have it. Beyond that, the legally required post-accident procedures should happen, and settlement negotiations with the help of a New Orleans uninsured motorist lawyer will be a likely step.

What Happens Immediately After the Accident at the Scene?

If an uninsured driver hits you in New Orleans, call 911 to report the crash to law enforcement. Try to help any injured people as you can as well. A police report will serve as official documentation of the incident and can be an instrumental part of informing how we approach building your case.

Seek medical attention as soon as possible for yourself and others, no matter how minor or severe the injuries appear, since there could be worse injuries you do not notice immediately. Some symptoms may occur later, and early treatment will establish a medical record that links your injuries to the crash.

Gather as much information as possible while still at the scene. This includes the other driver’s name, license plate number, vehicle make and model, and any witness contact details. Take photos of the vehicles, your injuries, and the surrounding area. If the other driver admits they are uninsured, documenting this may be vital to your case.

What Happens With Insurance After an Uninsured Motorist Accident?

As long as you have the legally required uninsured motorist (UM) coverage under Louisiana Revised Statute § 22:1295, meaning you accepted it as part of your policy, then your insurance should cover you after an uninsured driver hits you in New Orleans. While this should be relatively automatic once the accident is reported, there may be resistance from the insurance company.

After you have reported the accident and your belief that the at-fault driver is uninsured, your insurance’s UM coverage should kick in once it is processed. If your insurance is resistant to fulfilling this payout, a New Orleans insurance claims lawyer can help you by talking to them on your behalf and using our legal experience to make sure your policy comes through.

In some cases, you may also have underinsured motorist (UIM) coverage, which provides compensation if the other driver’s insurance exists but is insufficient to cover your losses fully. Both types of coverage can be valuable in protecting your financial future after a crash with an uninsured or underinsured motorist.

Other Options Available Besides Insurance

In some cases, we may consider suing the uninsured driver personally. However, this option often has limited value since most uninsured drivers lack the financial resources to pay a legal judgment when they do not carry insurance in the first place. Even with a financing plan, the payout may not feel satisfying or helpful if it occurs slowly over time.

We can assess whether the driver has any assets that could be used to satisfy a court-awarded judgment. If not, the effort may cost more than you stand to recover. This is why having uninsured motorist coverage is so important. It provides a practical and effective way to seek compensation when the at-fault driver is unable to pay out of pocket.

In rare cases, you may be entitled to punitive damages if the uninsured driver was reckless or malicious under Louisiana Civil Code § 3546. For example, if the driver was intoxicated, fleeing law enforcement, or engaging in other extreme acts, a court may award punitive damages. These damages require clear and convincing evidence and are not a guarantee at all.

What Happens Without Uninsured Motorist Coverage?

If you do not have uninsured motorist coverage after getting hit by an uninsured driver in New Orleans, your options for recovering damages become more limited. Without this coverage, you will not be able to rely on your own insurance policy to pay for your medical expenses, lost income, or pain and suffering if the other driver cannot cover those costs.

In this situation, your primary option may be to file a lawsuit against the at-fault driver. However, many uninsured drivers lack the personal assets necessary to pay a legal judgment. Even if you win the case, collecting the compensation you are owed may be extremely difficult or impossible. This leaves you at risk of having to cover your damages out of pocket.

Review your insurance policy and make sure that uninsured motorist coverage is included. It is one of the most effective ways to protect yourself from financial hardship when another driver fails to carry the insurance required by law. If you are unsure whether this coverage is part of your policy, talk to us to explore your options.

Getting Legal Help After an Accident with an Uninsured Driver in New Orleans

If you are wondering what happens after being hit by an uninsured driver in New Orleans, do not wait to seek legal help from our team at Scott Vicknair Injury Lawyers. Time is limited to file a claim, and early action can mean the difference between proper financial recovery and seemingly endless new expenses. 

Our team has more than 121 years of combined experience. We are ready to evaluate your situation, explain your options, and fight for your compensation. Someone else should not be able to hit you, upend your life, and get away with leaving you to foot the bill for car repairs, injuries, and other losses just because they broke the law by driving uninsured. 

Ensure that you have yourself covered and have pursued all your options by consulting our experienced uninsured motorist accident attorneys today.