Who Pays for Your Injuries If the Other Driver Doesn't Have Insurance?

If you're involved in an accident with an uninsured driver or a hit-and-run driver, one of the first things you should do is check your policy to find out what coverage is available. Louisiana auto policies generally include uninsured motorist coverage by default, and policyholders have to opt out in writing if they don’t want it.

Collision, comprehensive, and uninsured motorist coverage serve different purposes.

Collision coverage generally pays for damage to your vehicle after a collision, while comprehensive coverage applies to certain non-collision losses.

Uninsured/underinsured motorist coverage can provide compensation when the at-fault driver has no insurance or when their liability limits are too low to cover the full value of your injury claim.

Check your declarations page or ask your insurer if you’re not sure exactly what your coverage includes.

What Can Uninsured Motorist Coverage Pay For?

UM coverage can provide compensation for the same types of things an at-fault driver’s liability insurance would pay for. That could include compensation for medical expenses, lost income, pain and suffering, and other covered losses.

UM coverage can also apply when the responsible driver has liability insurance, but not enough to cover the full value of your losses.

What If You Rejected Uninsured Motorist Coverage?

If you rejected UM coverage, your options may be much more limited.

Liability insurance primarily protects you when you cause injuries or property damage to someone else. It does not pay for your own injuries simply because the person who caused your accident was uninsured.

You can potentially pursue compensation directly from the at-fault driver, but someone driving without insurance may lack the financial resources to pay a significant injury claim.

If someone else contributed to the crash, such as another driver, a business owner, or the government agency responsible for maintaining the road, you may have another potential source of compensation. However, you would need evidence that their actions or negligence meaningfully contributed to the accident before you could realistically pursue a claim against them.

What Happens After a Hit-and-Run Accident?

Insurance companies typically approach hit-and-run claims similarly to uninsured motorist claims. However, they can be more complicated if another driver causes you to crash without actually striking your vehicle.

For example, you might swerve into a guardrail to avoid a driver who suddenly enters your lane and then leaves the scene. Louisiana law allows UM coverage to apply in some of these situations, but an independent witness generally needs to confirm that the unidentified driver caused the accident.

If you are ever involved in a hit-and-run crash, call the police right away and tell them as much as you can about the vehicle and driver that hit you. If you can, ask witnesses if they were able to get a license plate or description of the vehicle. If another driver nearby was using a dashcam, or the accident happened in front of a business or home with a security camera, that footage may help police find the other driver.

For the most part, people struck by hit-and-run drivers should treat the accident the same way they would treat a normal accident. Take photos of your vehicle and the scene, seek medical attention for injuries, and contact your insurance company to start the claims process.

If the driver is eventually identified, investigators can determine whether they had insurance at the time of the crash.

If your insurance company compensated you through your UM coverage, it may seek reimbursement directly from the hit-and-run driver or their insurance company. You generally don't have to pay back the UM benefits simply because the other driver is later identified.

Your Own Insurance Company May Still Question Your Claim

A UM claim through your own insurance company is not handled all that differently from a liability claim, but it can potentially make dealing with your own company more adversarial.

Hit-and-run drivers are not assumed to be at fault simply because they fled the scene of the crash. Your insurer will still want to investigate the accident, and there may end up being disagreements about who caused the accident, whether your injuries resulted from the crash, and how much compensation you are entitled to receive.

Reviewing your policy is particularly important because the available coverage, limits, exclusions, and other terms can affect what you may be able to recover.

Don't Assume You're Out of Options After a Hit-and-Run or Accident With an Uninsured Driver

If you've been injured by an uninsured or underinsured driver in Metairie or elsewhere in the New Orleans area, Lawyer Don can review the available insurance coverage, investigate the accident, and help you understand your options.



Call (504) 217-2250 for a free consultation with car crash lawyer Donald D'Aunoy Jr.