In Louisiana, an accident with an uninsured at-fault driver can complicate your path to compensation. Even if the other motorist had no active liability coverage on the date of loss, you still have legal tools to recover your expenses and damages. This article explains your main options under Louisiana law and outlines next steps to protect your rights.
Understanding Louisiana’s Insurance Requirements
Louisiana Revised Statutes § 32:900(B) requires every motor vehicle owner to maintain minimum liability coverage of $15,000 per person and $30,000 per accident for bodily injury, plus $25,000 for property damage. An at-fault driver who lacks valid proof of coverage at the time of collision violates state law and risks penalties, but victims may still pursue compensation. (La. R.S. 32:900).
Option 1: File an Uninsured Motorist (UM) Claim
Louisiana law requires insurers to offer UM coverage that pays damages when you’re injured by an uninsured or insolvent driver. If you purchased UM coverage as part of your auto policy, you can file a claim directly with your own insurer. Under Louisiana Revised Statutes § 22:1406, UM coverage must match your liability limits unless you rejected it in writing. (La. R.S. 22:1406).
Option 2: File a Lawsuit Against the Uninsured Driver
If the at-fault driver has personal assets, you can sue them in civil court for negligence. Steps include:
- Drafting a petition outlining your damages and losses.
- Serving the driver with court papers.
- Attending hearings to prove liability and quantify damages.
- Obtaining a money judgment in your favor.
Once you secure a judgment, you may use post-judgment remedies—such as a writ of garnishment—to seize wages or bank accounts under Louisiana Code of Civil Procedure Article 2631. (La. C.C.P. Art. 2631).
Option 3: Negotiate a Voluntary Payment Plan or Security
The uninsured driver may agree to a structured repayment plan or post security—such as a lien on their vehicle—to guarantee payment. An experienced attorney or mediator can draft an agreement that protects your interests while accommodating the driver’s financial capacity.
Helpful Hints
- Review your own policy’s UM limits immediately after the accident.
- Collect basic identifying information (driver’s name, address, phone number).
- Keep detailed records of medical bills, repair estimates, and lost wages.
- Consult an attorney before signing any release or settlement.
- Monitor court deadlines; you have one year to file most injury claims and three years for property damage under Louisiana law.
- Consider small-claims court for property damage under $5,000.
- Document any payment plan or security agreement in writing.
- Watch for deadlines to garnish wages or bank accounts after obtaining judgment.