What Are My Options If I Was Injured By an Uninsured Driver?
Nobody in Shreveport gets behind the wheel of a car or truck, or heads out for a walk or bicycle ride, with the expectation of being injured in a collision caused by a negligent motorist. Crashes can be devastating even when the at-fault motorist is fully and properly insured. When a driver does not have adequate auto insurance — or worse, when a motorist is uninsured entirely — what options does an injured person have? Our firm knows how difficult these types of cases can be, and we are ready to talk with you to explore all options for seeking financial compensation. An experienced Shreveport uninsured collision lawyer can tell you more, and we can speak with you today about your case.
Understanding Collision Claims Involving Uninsured Drivers
Before we discuss your options for seeking compensation, it is important to be clear about the complexities in injury crashes caused by uninsured and underinsured motorists. Why are these cases different? In short, the injured person may not be able to obtain full (or any) compensation for their injuries through a third-party insurer.
Since Louisiana is a “tort” state, or an at-fault state for auto insurance purposes, an injured person generally files a third-party claim for coverage through the at-fault motorist’s insurance company. If the at-fault motorist has no insurance (despite being required to have insurance by law) or insufficient coverage, the injured person will usually need to seek out other options to cover their losses.
Uninsured and Underinsured Motorist Coverage
One option for receiving compensation after an injury caused by an uninsured or underinsured motorist is to file a claim through your own insurance if you have elective uninsured motorist (UM) or underinsured motorist (UIM) coverage. There are different types of UM and UIM coverage in Louisiana, so you should work with an attorney to determine if you have the type of coverage that can compensate you.
Filing a Lawsuit
An uninsured or underinsured motorist typically will not have any assets that would make a civil lawsuit against that at-fault driver a logical option (in other words, it would be unlikely that you could be compensated even if you won a lawsuit against a driver without the ability to pay a damages award). However, another party with deep (or deeper) pockets could be entirely liable or partially liable for the crash and your resulting injuries.
For example, the employer of the at-fault driver could be partially at fault, or the owner of the vehicle. Sometimes a designer or manufacturer of a defective vehicle part, or a retailer, can also be liable. And sometimes, in multi-vehicle crashes, another motorist may be responsible. A lawyer can help you to determine liability and to file a civil lawsuit.
Contact a Shreveport Uninsured Driver Injury Lawyer Today
Were you injured by an uninsured or underinsured motorist? Or was someone you love seriously injured or killed by an uninsured or underinsured motorist? You may have one or more options to seek financial compensation, and one of the experienced Shreveport uninsured driver injury attorneys at Rice & Kendig, LLC can assist you. Do not hesitate to reach out to our firm to learn more about the services we provide to traffic crash victims and their families in Louisiana.