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Writer's pictureTaylor Burnham

Is Uninsured Motorist Coverage Required in Louisiana?



A person driving a car, hand on the wheel, dashboard visible. Blue sleeve, interior is dark.

Picture driving down a Louisiana highway, enjoying the scenery, when suddenly - crash! The other driver has no insurance. What happens next? It's a situation no one wants to face, but it happens more often than you'd think in our state. That's where uninsured motorist coverage comes into play. Think of it as your backup plan when the unexpected happens on the road. Let's break down what Louisiana law says about this important protection and why it matters to you.


Understanding Louisiana’s Auto Insurance Requirements


Louisiana law requires all drivers to have basic liability insurance for their vehicles. This insurance coverage ensures that Louisiana drivers can pay for injuries or property damage they cause in an incident involving another party. However, liability insurance only covers the injured party and their vehicle repairs when the at fault driver has adequate coverage.


Suppose you’re involved in a car accident caused by an uninsured or underinsured driver. In that case, their driver's insurance may not provide the financial support you need for car repairs, medical treatment, or lost wages. This is why purchasing uninsured motorist coverage (UM coverage) or underinsured motorist coverage (UIM coverage) is a smart move for Louisiana drivers seeking adequate protection.


Minimum Liability Insurance Coverage in Louisiana


Louisiana law requires every vehicle owner to carry liability coverage that meets the state’s minimum policy limits:


  • $15,000 for bodily injury per person in an accident.

  • $30,000 for total bodily injury per accident.

  • $25,000 for property damage coverage.


These amounts are often called 15/30/25 coverage. While this insurance coverage protects the other driver and their passengers, it doesn’t pay for your own injuries sustained, mental anguish, or vehicle damage. To fully protect yourself, consider purchasing UM coverage, collision coverage, or comprehensive coverage.


What Happens When an Uninsured Driver Causes the Accident?


An incident involving an uninsured driver can leave you dealing with significant expenses, including medical bills, car repairs, and lost wages. Without enough insurance to cover these costs, you may be forced to use your own insurance or file a personal injury claim.


If you have uninsured motorist coverage, it steps in to pay for expenses like medical expenses, vehicle damage, and property damage when the at fault uninsured driver has no liability coverage. Similarly, underinsured motorist coverage helps when the other driver doesn’t have adequate coverage to fully compensate you for your losses.


By purchasing UM coverage, you can protect yourself from financial stress after a car crash. Many insurance policies also include UIM coverage, ensuring Louisiana drivers have adequate protection in case of an accident with an uninsured or underinsured motorist.


Why Should Louisiana Drivers Consider Uninsured or Underinsured Motorist Coverage?


While Louisiana law requires insurance companies to offer UM coverage, it’s up to you to decide if you want it. Declining this additional coverage requires signing a waiver. However, uninsured underinsured motorist coverage is worth considering for several reasons:


  1. Covers Medical Bills: UM/UIM helps pay for medical treatment and medical expenses if your health insurance doesn’t cover everything.

  2. Covers Vehicle Repairs: If the at fault uninsured driver can’t pay, your um claim ensures you’re not left covering vehicle damage out of pocket.

  3. Peace of Mind: With adequate protection, you’ll know your insurance company will help you recover after an accident.


Uninsured motorist coverage steps in to provide financial relief when you need it most. Talk to insurance agents about insurance policies that offer enough insurance to protect you from uninsured or underinsured motorists.


Optional Insurance Coverage in Louisiana


No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle designed for use on public highways and required to be registered in this state or as provided in this Section unless coverage is provided therein or supplemental thereto, in not less than the limits of bodily injury liability provided by the policy, under provisions filed with and approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover nonpunitive damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury, sickness, or disease, including death resulting therefrom; however, the coverage required under this Section is not applicable when any insured named in the policy either rejects coverage, selects lower limits, or selects economic-only coverage.

Every auto insurance policy must include uninsured motorist (UM) coverage unless the policyholder chooses to reject it. UM coverage is vital for financial protection if you’re involved in a car accident with an uninsured driver or underinsured driver.


However, Louisiana drivers can legally reject uninsured motorist coverage by completing a UM waiver or UM rejection form. The process for rejecting UM coverage is outlined in the same law which states: 

Such rejection, selection of lower limits, or selection of economic-only coverage shall be made only on a form prescribed by the commissioner. The prescribed form shall be provided by the insurer and signed by the named insured or his legal representative. The form signed by the named insured or his legal representative which initially rejects the coverage, selects lower limits, or selects economic-only coverage shall be conclusively presumed to become a part of the policy or contract when issued and delivered, irrespective of whether physically attached thereto. A properly completed and signed form creates a rebuttable presumption that the insured knowingly rejected coverage, selected a lower limit, or selected economic-only coverage. If the form is signed but not properly completed, such that the rebuttable presumption does not apply, there shall be no uninsured motorist coverage or modified uninsured motorist coverage, as applicable, if it is determined that the insured or his representative intended to reject or modify the uninsured motorist coverage. An insurer may require the producer of record to obtain a completed selection form and deliver the form to the insurer; however, the insurer shall verify that the form is properly completed, retain a copy of the form as part of the policy, and shall not delegate this obligation to retain a properly completed form to the producer of record. The form signed by the insured or his legal representative which initially rejects coverage, selects lower limits, or selects economic-only coverage shall remain valid for the life of the policy and shall not require the completion of a new selection form when a renewal, reinstatement, substitute, or amended policy is issued to the same named insured by the same insurer or any of its affiliates. An insured may change the original uninsured motorist selection or rejection on a policy at any time during the life of the policy by submitting a new uninsured motorist selection form to the insurer on the form prescribed by the commissioner. Any changes to an existing policy, regardless of whether these changes create new coverage, except changes in the limits of liability, do not create a new policy and do not require the completion of new uninsured motorist selection forms. For the purpose of this Section, a "new policy" means an original contract of insurance which an insured enters into through the completion of an application on the form required by the insurer.

Based on the said law, these are the key steps in rejecting a UM coverage:

  1. The rejection form must be signed and dated by the policyholder.

  2. It must clearly list the policy number.

  3. The document must explicitly state that the policyholder rejects uninsured motorist coverage.


What is Uninsured Motorist Coverage in Louisiana


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Uninsured motorist coverage protects you financially if you’re involved in a car crash with an uninsured or underinsured driver. This coverage provides for:

  • Injuries sustained in the accident.

  • Medical expenses that result from the crash.

  • Property damage, if you choose UM property damage coverage.


Having adequate coverage ensures that you’re not left paying out of pocket for medical treatment or vehicle repairs after an accident.


How Uninsured Motorist Coverage Works


When an accident involves an at fault driver who is uninsured or doesn’t have enough insurance, UM coverage steps in to help cover your costs. It can pay for:


  • Medical bills

  • Car repairs

  • Lost wages

  • Other expenses related to the accident


Before your insurance company processes a UM claim, you’ll need to prove that the other driver was uninsured or underinsured. This often requires:


  1. An affidavit signed by the at fault driver stating they have no insurance coverage.

  2. Documentation that they lack other insurance policies.


The Importance of Underinsured Motorist Coverage


Underinsured motorist (UIM) coverage is an essential safety net for louisiana drivers. It provides extra financial protection when the at fault driver’s liability limits are insufficient to cover your losses.


Shield Against Insufficient Policies


If the other driver’s liability insurance doesn’t fully compensate you for injuries sustained, UIM coverage ensures that the gap is covered. This includes costs like:


  • Medical expenses

  • Vehicle damage

  • Mental anguish

  • Lost wages


By purchasing UM coverage or UIM coverage, you gain peace of mind knowing you’re protected in case of a car accident.


Filing a Claim After an Accident with an Uninsured Driver


Louisiana Personal Injury Attorney Taylor Burnham talking to his clients

If you’re hit by an uninsured driver, filing a UM claim can help you recover the costs of medical bills, car repairs, and more. To file a claim:


  1. Notify your insurance agent or insurance company immediately.

  2. Gather necessary documents, including:

    • A police report.

    • Photos of the accident scene.

    • Medical records and repair estimates.

  3. Cooperate with the insurance company during their investigation.


What to Do If You Were Involved in a Hit-and-Run Accident


​​A hit-and-run accident presents unique challenges, but uninsured motorist coverage can still apply if you act quickly. Follow these steps in case you are involved in a hit-and-run accident:


  1. Take photos of the scene, including any debris or damage to your vehicle.

  2. Collect witness statements, if possible.

  3. File a police report immediately, as some insurance companies require this before processing your UM claim.


Understanding the Insurance Claim Investigation Process


Once your insurance claim is filed, the insurance company will begin investigating the accident, similar to how they would handle a claim against the other driver’s insurance. Be prepared to provide:


  • Medical records detailing your injuries.

  • Estimates for vehicle repairs.

  • Any evidence proving the at fault driver was uninsured or underinsured.


How Medical Bills are Handled


Uninsured motorist coverage can help with medical expenses, but the amount you can claim is limited by your policy limits. If your medical treatment costs exceed your UM coverage, you may need to rely on your health insurance or pay out of pocket.

Having adequate coverage through UM coverage or UIM coverage ensures that your financial burden is minimized after a car crash.


Common Challenges in Uninsured Motorist Claims


​​While uninsured motorist (UM) coverage offers valuable protection, policyholders may encounter some obstacles during the claims process.


Delays in Claim Payments


Insurance companies often require time to thoroughly investigate UM claims, which can result in delays in receiving compensation. If you need medical treatment immediately, your health insurance may cover the initial costs until your UM claim is resolved.


Deduction of Medical Payments from UM Coverage


If your policy includes medical payments coverage (MedPay), the benefits you receive might be deducted from your UM settlement. Understanding how these two coverages interact is essential to avoid surprises when filing your claim.


Choosing the Right UM Coverage for You


Louisiana Personal Injury Attorney Taylor Burnham explaining UM coverage to his clients

Selecting the appropriate uninsured motorist coverage requires assessing your driving habits, potential risks, and financial needs.


Factors to Consider When Purchasing UM Coverage


  • Driving habits: How often and where you drive can influence your risk of encountering an uninsured motorist.

  • Accident rates: If you frequently drive in areas with high accident rates, consider more comprehensive UM coverage.

  • Budget: Balance the cost of UM coverage with the level of protection you need.


Comparing Full Coverage and Economic-Only UM Options


Full UM coverage provides broader protection, covering both medical bills and general damages like pain and suffering. In contrast, economic-only UM coverage is less expensive but only covers medical expenses, excluding general damages. While budget-friendly, economic-only UM coverage may leave you financially vulnerable in severe accidents.


Consequences of Not Having Uninsured Motorist Coverage


Without UM coverage, your options are limited if you’re in an accident with an uninsured driver.


Filing a Personal Injury Lawsuit Against the Uninsured Driver


If you don’t have UM coverage, you may need to file a personal injury lawsuit against the at-fault driver to recover damages. However, even if a court awards you compensation, collecting the amount may be difficult if the uninsured driver lacks the financial resources to pay.


Louisiana’s ‘No Pay, No Play’ Law and Uninsured Motorist Accidents


There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

Uninsured drivers are restricted from recovering certain damages if they’re involved in an accident. For instance, they may be unable to claim the first $15,000 of bodily injury or the first $25,000 of property damage. This law emphasizes the importance of maintaining valid auto insurance to avoid significant financial consequences.


Protecting Yourself from Financial Loss


Investing in UM/UIM coverage might seem like an added expense, but the protection it offers against potentially devastating costs makes it worthwhile.


Navigating a Personal Injury Claim


Handling a personal injury claim after an accident with an uninsured driver can be challenging. However, UM coverage can simplify the process and provide financial relief.


Seeking Damages After an Accident with an Uninsured Motorist in Louisiana


UM coverage helps manage expenses such as:


  • Medical bills

  • Vehicle repairs

  • Lost wages


Collecting Evidence and Building a Strong Case


To strengthen your claim, gather detailed evidence, including:


  • Photos of the accident scene.

  • Witness statements.

  • Documentation proving the other driver was uninsured.


Clear evidence can establish fault and demonstrate the full extent of your losses, which can increase your chances of a fair settlement.


Do you need help? Call us today or use our contact form below to schedule a free consultation and learn more about your options.


Your Road Ahead Drive Protected in Louisiana


Louisiana Personal Injury Attorney Taylor Burnham carries a briefcase up concrete steps outside a modern building.

Understanding your insurance options in Louisiana puts you in the driver's seat of your own protection. While uninsured motorist coverage isn't required by law, it can be the difference between financial stress and peace of mind after an accident. Don't wait until after a crash to wish you had more protection. At Burnham Law Firm, we're committed to helping Louisiana drivers make informed choices about their insurance coverage, because your safety on the road starts with smart decisions today.


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