What Happens if You Are Hit by an Uninsured Driver in Louisiana? 2025

Drivers are required to carry car insurance with minimum coverage limits. This coverage helps protect drivers by keeping them from being personally liable for specific damages to their vehicle. When drivers are in a multi-car accident, insurance claims are filed with the at-fault driver, but what happens if you are hit by an uninsured driver in Louisiana? It’s important to know how you can recover compensation for your damages when the at-fault party is uninsured.

Understanding Uninsured Motorist Coverage

Uninsured motorist coverage can be very useful in this situation if you already have it. It allows you to cover certain damages from an accident, such as your medical expenses and property damage repair costs.

Louisiana had the second-highest average premium for liability insurance out of all 50 states as of 2023, more than $300 higher than the national average. The state’s average premium for collision insurance was closer to the countrywide average, and it was the sixth-highest. Not all drivers are responsible for maintaining their car insurance coverage, and this can make life very complicated for those who are injured.

Uninsured motorist coverage protects you if the at-fault party for the accident has no insurance coverage or if you were the victim of a hit-and-run and cannot hold the at-fault party liable. This coverage also applies if the at-fault driver has insurance, but it is insufficient to cover your damages. Your uninsured motorist coverage can be used on top of the claim against the at-fault driver, rather than you paying the rest of the damages out of pocket.

When you get your car insurance policy, your insurance company has to offer you uninsured motorist coverage. It will only be a part of your policy if you accept it. The amount of uninsured motorist coverage you have will depend entirely on your policy limits.

What Are My Options if I Am Hit by an Uninsured Driver?

Car accidents can frequently result in serious injuries that cost individuals and families significant money in medical treatment and lost income. Louisiana had three times more bodily injury claims than the nationwide average in 2020, and in 2024, the state saw 58,939 suspected injuries in car accidents. These injuries are, unfortunately common and can have lifelong effects.

When a driver is not to blame for an accident, they should be able to recover those costs through an insurance claim. If that isn’t possible, there are generally two options for you if you are injured:

1. Filing an uninsured motorist claim with your car insurance policy
2. Filing a civil personal injury claim against the individual at fault for the accident

Understanding Civil Personal Injury Claims

If you do not have uninsured motorist coverage through your car insurance, there is another option for recovering damages. You can hold the at-fault driver personally liable for your damages in a civil claim.

This is a complicated process and can take time to resolve. It’s important to discuss this option with an experienced car accident attorney. When a driver does not carry insurance, it is likely because they don’t have the financial resources to do so. Filing a civil claim against them may not be useful in this case because the judgment may be unenforceable.

An attorney can review the specifics of your unique case and determine if it would be viable to file a personal injury claim.

FAQs

Can You File a Claim Against an Uninsured Driver in Louisiana?

Yes, you can file a claim against an uninsured driver in Louisiana. Unfortunately, while you may be able to secure a trial verdict or out-of-court settlement, it can be difficult to secure that compensation.
When someone doesn’t have car insurance, it is often because they don’t have the financial ability to pay for it. They may not have the assets to cover your damages. An attorney can help you understand the benefits and drawbacks of filing a civil claim in your situation.

What Is the Penalty for Driving Without Insurance in Louisiana?

If you drive without the required insurance coverage in Louisiana, you can face fines and the suspension of your license. Additionally, if you are in an accident that was not your fault, the amount of compensation you can recover from the at-fault driver will be limited, or you may not be able to recover any compensation at all. Having insurance is legally required, and it helps in case of an accident.

How Does Uninsured Motorist Coverage Work in Louisiana?

Uninsured motorist coverage in Louisiana applies when the at-fault driver in a crash does not carry insurance or flees the scene of the accident. When you aren’t to blame for the crash, you usually file an insurance claim with the at-fault party’s insurer. When that party is uninsured or cannot be found after a hit and run, you may be unable to cover your damages. Uninsured motorist coverage addresses this issue.

Will My Insurance Go Up if an Uninsured Driver Hits Me?

Your insurance may or may not go up if an uninsured driver hits you, depending on who was at fault for the accident. If you were not to blame for an accident in Louisiana, your insurer cannot increase your premium. An experienced attorney can help you navigate a claim with your insurer or a civil claim against the at-fault driver and help you understand your rights.

What Should You Do if You Are in an Accident With a Driver Who Is Uninsured?

If you are involved in an accident with a driver who is uninsured, it is important to call emergency services and remain at the scene of the accident. It is important to retain a record of the crash for your insurance or civil claim.
Document the scene, note any witnesses, and make a police report. After a report has been made, you should get additional medical care. The Ochsner Medical Center in Baton Rouge is located at 17000 Medical Center Drive. Then, you should get in contact with an experienced car accident attorney.

Contact Murphy Law Firm If You Hit by an Uninsured Driver in Louisiana

A skilled attorney can help you assess your damages and determine what options you have to recover compensation. At Murphy Law Firm, we have spent the last 30 years supporting those injured by negligent parties. If the at-fault driver did not have insurance, we can help you take the next steps. Contact our firm today.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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