Even though liability insurance is required by law, there is still the possibility that a driver will be involved in a crash with someone who does not have car insurance. When these kinds of accidents happen, those who are harmed may not be able to file an insurance claim against the person at fault or receive any kind of payment from an insurance provider. In these cases, the accident victims may still try to retain an attorney and file a lawsuit against the individual driver, but it can be difficult to collect any money in some situations. Uninsured motorist coverage is offered by some companies to protect against this possibility.
The reason for uninsured motorist coverage
The general purpose of uninsured motorist coverage is to protect others from damage caused by a driver who does not have the required liability insurance that is necessary to drive legally in Louisiana. In normal situations where an insured driver causes damage, their liability coverage can pay out several thousands of dollars to cover injuries and property losses.
Drivers should note that uninsured motorist coverage is not required for all drivers like liability insurance, so their policy may not contain this kind of coverage. Most commercial providers should be able to add uninsured motorist coverage if the policyholder requests it. Insurance companies will generally recommend that drivers purchase a policy with uninsured motorist coverage as a form of protection and risk mitigation due to the number of uninsured drivers on the road in Louisiana and other states. In fact, the uninsured motorist coverage is usually included with all policies sold unless the person buying coverage specifically asks to waive it.
Lawsuits against negligent drivers
Regardless of whether any driver has insurance coverage to pay for their losses, they can be sued and made to pay out damages. This is done through a negligence lawsuit filed by a local personal injury lawyer. The lawsuit will essentially say that the defendant breached their standard duty of care on the roads and this lack of care was the cause of the plaintiff’s losses. If there is no insurance policy that protects the defendant, they can be personally liable for paying out damages to the victim. In cases where there were severe injuries or large amounts of property damage, these losses can cost thousands or millions of dollars.