In most New Orleans personal injury lawsuits arising from motor vehicle accidents, your attorney will attempt to obtain compensation from the insurance company of the party that injured you. Sometimes, however, the responsible party either may not have insurance or may not carry adequate insurance to cover the damages suffered. This may result in your being unable to obtain full compensation for the injuries. You can help protect yourself from having this happen by carrying uninsured/underinsured motorist coverage as part of your own auto insurance policy.
Uninsured/underinsured motorist coverage provides insurance coverage for the occupants of a vehicle involved in a collision with another vehicle that is either not insured or does not carry enough insurance to compensate for the bodily injuries suffered. Insurance companies are required by law to offer you the option of choosing this coverage as part of your auto insurance policy. Moreover, because Louisiana has a strong public policy in favor of injured people being able to obtain compensation for their damages, you must expressly reject this coverage in writing. If you do not, you are presumed to have it.
Under Louisiana Revised Statute 22:1406(D), in addition to offering standard uninsured/underinsured motorist coverage, insurance companies also may offer a cheaper form of this insurance called “economic-only” uninsured motorist coverage. This form of uninsured/underinsured motorist coverage only provides compensation for economic damages such as lost wages or medical expenses. In contrast, full uninsured/underinsured motorist coverage allows you to seek payment for all of the categories of damages usually pursued following a motor vehicle accident, including non-economic damages such as pain and suffering.
If you were injured in a motor vehicle accident and have questions regarding how to seek compensation, we would be glad to help you. Please call us at 504-581-6411 or 855-GERTLER.