New Orleans Uninsured Motorist Lawyer
Experienced Uninsured Motorist Attorney in New Orleans, LA
If you are in a car accident, there may be a dozen different things on your mind. You may be wondering how bad the damage is, whether you have an injury, and how to approach your insurance company. Your situation can be even more complicated and frustrating if you find out the other driver doesn’t have car insurance. Drivers in Louisiana are required to have insurance by law, but some still don’t. A New Orleans uninsured motorist lawyer can help you.
The legal team at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is a local law firm that understands the complexities of an uninsured motorist case. Louisiana’s uninsured motorist laws can be tough to decipher on your own, which is why it can be so beneficial to hire a New Orleans car accident attorney to assist you with your case. Our team has decades of combined experience helping clients with their personal injury cases. We can help you too.
Personal Injury Cases We Handle in New Orleans
The Uninsured Motorist Case Process in Louisiana
If you move forward with legal action in an uninsured motorist case in New Orleans, your case may be filed in the Orleans Parish Civil District Court or First City Court. However, the majority of uninsured motorist cases are handled as insurance claims against your own provider, not through direct legal action against the uninsured driver themselves. In 2023, 15.4% of drivers nationwide were found to be uninsured. Your case may not be as rare as you might think.
It’s vital that you have uninsured motorist coverage before you are in an accident with a driver who has no car insurance. Uninsured motorist coverage is intended for you to collect damages from your own insurance provider if you are hit by a driver who doesn’t have insurance or doesn’t have enough insurance to pay for the full amount of your damages. Your policy may even cover hit-and-run accidents. Here is a rundown of how the claims process works:
- Report the accident: The claims process begins with the actual accident. There were 146,188 car accidents throughout the state in 2024, and some of the drivers may not have had insurance. Make sure you call 911 and report the accident, as this lets you obtain a police report. Take plenty of photos of your injuries, the damage to your car, and the road conditions. You’ll need this evidence for your accident claim.
- Verify your coverage: You need to check your car insurance policy to see if you have uninsured motorist coverage. Unfortunately, if you don’t have this coverage, you may have to pay for your medical bills and property damages out of pocket, as your insurance won’t cover the damages. Louisiana has a high rate of uninsured drivers, so it’s recommended that you always have this coverage.
- Call your insurer: You need to notify your insurance provider that you’ve been in an accident with a driver who doesn’t have car insurance. You need to gather plenty of evidence that proves the other driver was at fault, including medical records, repair estimates, and witness statements. You can never have too much evidence.
- Claim evaluation: Once your insurance carrier knows about the accident, they can evaluate the validity of your claim. If you have uninsured motorist insurance, your carrier is likely to give you an offer to settle the claim. It’s recommended that you hire a personal injuries lawyer in New Orleans to stand by you throughout the negotiation process, as your carrier may attempt to lowball you with the initial offer.
- Resolution: If your insurance carrier offers you an amount that you feel appropriately reflects the damage, then you should accept it. You may also consider taking legal action against the driver, but there is a strong chance that they won’t have enough assets to warrant legal action in the first place.
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FAQs About New Orleans, LA Uninsured Motorist Law
How Does Uninsured Motorist Coverage Work in Louisiana?
Uninsured motorist coverage is an optional add-on to your car insurance policy that pays out for bodily injury and property damage when the at-fault driver doesn’t have car insurance, has insufficient insurance, or commits a hit and run. Insurers have to offer you this coverage at limits equal to liability, but you can reject it. It’s highly recommended that you have this coverage in case something were to happen.
Is It Worth Taking Legal Action Against an Uninsured Driver?
Generally, it’s not worth it to take legal action against an uninsured driver. If you don’t have uninsured motorist coverage, filing a claim against the driver may be your only chance of recovering any amount in damages. While you can obtain a judgment for damages, you may not be able to actually recover anything if they don’t have any assets. A far better option is receiving a payout from your insurance carrier through UM coverage.
Can My Insurance Rates Go Up if I’m Hit by an Uninsured Driver?
No, your insurance rates should not go up if you are hit by an uninsured driver. Generally, it’s illegal in Louisiana for an insurance carrier to raise your insurance rates or cancel your policy if you are not at fault for the accident. This is still the case if you are hit by an uninsured driver. If you are found to be at least partially at fault, then that is likely to raise your insurance premiums.
Should I Hire an Uninsured Motorist Lawyer?
Yes, you should hire an uninsured motorist lawyer, if only to give yourself peace of mind that your case is being handled by someone who knows what they’re doing. Depending on what happened, you could be trying to recover from serious injuries while also trying to negotiate with your insurance company or take legal action against the driver. You should let your lawyer handle those details.
Hire an Uninsured Motorist Lawyer Today
It’s highly recommended that you retain the services of a lawyer when you are trying to prove your case for damages after being hit by an uninsured driver. At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we can provide you with options, help build up your case, and make sure your insurance carrier doesn’t try to lowball you. Contact us to speak with someone on our team about your case.
Serving New Orleans and Southeast Louisiana
A serious accident or medical error can leave victims and their families facing overwhelming physical, emotional, and financial hardships. Whether you were injured in a devastating Amazon truck crash, involved in a multi-vehicle collision, struggling after an accident with an uninsured driver, or dealing with the consequences of a delayed diagnosis or emergency room misdiagnosis, having experienced legal representation is essential. Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has spent decades advocating for individuals harmed by negligence throughout Louisiana, helping clients navigate complex claims while pursuing the compensation and accountability they deserve. The firm understands that behind every case is a person whose life has been disrupted, and it approaches each matter with the compassion, dedication, and determination necessary to protect clients during some of the most difficult times in their lives.
Based in New Orleans and serving clients throughout Southeast Louisiana, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has built a reputation for handling sophisticated personal injury and medical malpractice matters involving catastrophic injuries, commercial vehicle accidents, insurance disputes, and healthcare negligence. Backed by a team of accomplished trial attorneys with extensive courtroom experience, the firm combines thorough investigation, strategic advocacy, and personalized attention to help clients pursue meaningful results. By leveraging decades of legal knowledge and a deep understanding of Louisiana law, the firm remains committed to guiding injury victims through every stage of the legal process while keeping their best interests at the forefront.
From truck accidents occurring along Interstate 10, Interstate 610, and the Pontchartrain Expressway to emergency room errors at major healthcare facilities such as Ochsner Medical Center and University Medical Center New Orleans, the firm understands the local factors that often shape these cases. Whether your claim involves an Amazon truck accident, an uninsured motorist collision, injuries sustained in a multi-vehicle crash near the Crescent City Connection, or the devastating effects of a delayed diagnosis following an emergency room visit, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is prepared to stand by your side. Partnering with an experienced New Orleans injury law firm can be the difference between bearing the financial burden of someone else’s negligence alone and securing the resources, justice, and support needed to move forward with confidence.
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