Shreveport Injury Lawyer > Blog > Uninsured Motorist Coverage > What Are My Options If I Was Injured By an Uninsured Driver?

What Are My Options If I Was Injured By an Uninsured Driver?

Nobody in Shreveport gets behind the wheel of a car or truck, or heads out for a walk or bicycle ride, with the expectation of being injured in a collision caused by a negligent motorist. Crashes can be devastating even when the at-fault motorist is fully and properly insured. When a driver does not have adequate auto insurance — or worse, when a motorist is uninsured entirely — what options does an injured person have? Our firm knows how difficult these types of cases can be, and we are ready to talk with you to explore all options for seeking financial compensation. An experienced Shreveport uninsured collision lawyer can tell you more, and we can speak with you today about your case.

Understanding Collision Claims Involving Uninsured Drivers

Before we discuss your options for seeking compensation, it is important to be clear about the complexities in injury crashes caused by uninsured and underinsured motorists. Why are these cases different? In short, the injured person may not be able to obtain full (or any) compensation for their injuries through a third-party insurer.

Since Louisiana is a “tort” state, or an at-fault state for auto insurance purposes, an injured person generally files a third-party claim for coverage through the at-fault motorist’s insurance company. If the at-fault motorist has no insurance (despite being required to have insurance by law) or insufficient coverage, the injured person will usually need to seek out other options to cover their losses.

Uninsured and Underinsured Motorist Coverage

One option for receiving compensation after an injury caused by an uninsured or underinsured motorist is to file a claim through your own insurance if you have elective uninsured motorist (UM) or underinsured motorist (UIM) coverage. There are different types of UM and UIM coverage in Louisiana, so you should work with an attorney to determine if you have the type of coverage that can compensate you.

Filing a Lawsuit

An uninsured or underinsured motorist typically will not have any assets that would make a civil lawsuit against that at-fault driver a logical option (in other words, it would be unlikely that you could be compensated even if you won a lawsuit against a driver without the ability to pay a damages award). However, another party with deep (or deeper) pockets could be entirely liable or partially liable for the crash and your resulting injuries.

For example, the employer of the at-fault driver could be partially at fault, or the owner of the vehicle. Sometimes a designer or manufacturer of a defective vehicle part, or a retailer, can also be liable. And sometimes, in multi-vehicle crashes, another motorist may be responsible. A lawyer can help you to determine liability and to file a civil lawsuit.

Contact a Shreveport Uninsured Driver Injury Lawyer Today

Were you injured by an uninsured or underinsured motorist? Or was someone you love seriously injured or killed by an uninsured or underinsured motorist? You may have one or more options to seek financial compensation, and one of the experienced Shreveport uninsured driver injury attorneys at Rice & Kendig, LLC can assist you. Do not hesitate to reach out to our firm to learn more about the services we provide to traffic crash victims and their families in Louisiana.

Source:

ldi.la.gov/docs/default-source/documents/publicaffairs/consumerpublications/auto-insurance-guide.pdf

By Rice & Kendig, LLC | Posted on January 3, 2024

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Recent Results

$5,100,000

Motor Vehicle Collision

Client’s motorcycle was hit by a car leaving him in the ICU with facial injuries, arm injuries, and amputation of one leg.

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Motor Vehicle Collision

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Motor Vehicle Collision

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Medical Malpractice

Inadequate life-saving staffing at emergency C-section resulted in child with cerebral palsy, spastic quadriplegia, and developmental delays.

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Motor Vehicle Collision

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Workplace Injury

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Pedestrian/Motor Vehicle Collision

Client sustained injuries to head, leg and wrist. Client’s broken leg required surgery. In addition, client sought treatment with a neurologist for his head injury and cognitive issues.

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Pedestrian/Motor Vehicle Collision

Client was struck by a vehicle in a gas station parking lot. Client suffered head and brain damage resulting in memory loss.

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18-Wheeler Collision

Client was rear-ended by a drunk driver of an 18-wheeler causing client to suffer short-term memory loss and injuries to the head, neck, shoulders, and back.

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Insurance company refused to pay for hail damage to a commercial property.

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Fall at a hotel convention center caused hand, neck, and low back injuries resulting in a 7-year recovery period.

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Motor Vehicle Collision

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18-Wheeler Collision

Client was rear-ended multiple times by a big rig causing PTSD, spinal injuries requiring spinal fusion surgery, physical therapy, and counseling.

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18-Wheeler Collision

Logging truck’s failure to yield caused client to suffer fractures in the arm and leg, amputation of 3 toes, and shoulder injuries.

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18-Wheeler Collision

Client was hit by a delivery truck and the vehicle rolled over. Client’s injuries included six broken ribs and a neck injury requiring extensive medical treatment.

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18-Wheeler Collision

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$800,606.26

Motor Vehicle Collision

A defendant driver turned left, without the protection of a green arrow, into client’s vehicle causing a collision that resulted in a severely broken leg that required immediate surgery, post-traumatic stress disorder, loss of independence, and loss of job.

$800,000

Motor Vehicle Collision

Head-on collision that left client with back and neck injuries as well as seat belt injuries. Client’s recovery was lengthy and included physical therapy and injections.

$750,000

Wrongful Death/Medical Malpractice

Child suffered fatal injuries due to complications with anesthesia.

$685,000

Premises Liability

Client sustained two broken legs from a fall over an unreasonably dangerous tripping hazard.

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Motor Vehicle Collision/Wrongful Death

Client went to the aid of a vehicle accident victim and was struck and killed by a passing vehicle.

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Motor Vehicle Collision

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18-Wheeler Collision

18-wheeler driver was rear-ended by another 18-wheeler causing headaches and neck injury.

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Motor Vehicle Collision

Head-on collision led to wrist and hand injuries that required surgery, seat belt injuries, pain in the neck, sternum, pelvis, abdomen, shoulder, and back, and post-traumatic stress disorder.

$550,000

18-Wheeler Collision

Client was rear-ended by a big rig causing low back and neck pain; physical recovery and treatment included injections, physical therapy, and counseling.