Unfortunately, many drivers go without insurance or allow their policies to lapse, leaving them uninsured. Others might drive with only minimum coverage, making it difficult for injured drivers to get sufficient coverage. In such cases, it may be possible to sue uninsured or underinsured drivers.
Before beginning a lawsuit, ask a lawyer for legal help. There may be additional insurance options that can provide the compensation you need without suing. Uninsured and underinsured motorist coverage is designed for cases just like this. If your insurance options are completely exhausted and you still have uncovered damages, it may be time to file a lawsuit. However, suing might not be the best idea in every situation. Uninsured drivers may be unable to afford your damages on their own, and you may need to find other possible defendants to get adequate compensation.
Get a free, confidential legal assessment from our Lafayette, LA car accident lawyers by calling the Schoenfeld Law Firm at (504) 688-7760.
Can I Sue a Driver for an Accident if They Are Uninsured or Underinsured?
You can sue the at-fault driver for an accident if they are uninsured or do not have sufficient coverage to adequately cover all your damages. However, it may be a good idea to look into uninsured or underinsured motorist insurance claims first.
Other Possible Insurance Options
It is a good idea to talk to your attorney about other possible insurance options. You might have uninsured or underinsured motorist coverage that applies when at-fault drivers are uninsured. Since this coverage is optional, not everyone has it, but it is a good idea to add it to your policy if you have not done so.
You might have other first-party insurance options. For example, you might be able to file a claim with your MedPay coverage, which covers various medical costs after an accident. If you must file multiple insurance claims to obtain sufficient coverage, our Louisiana car accident lawyers can help you coordinate benefits to maximize your coverage.
Can I Sue?
Yes, you can sue for damages if the at-fault driver does not have insurance or if their insurance is insufficient to cover all your costs and damages. Remember, you should file claims with your uninsured or underinsured motorist policies to try to get compensation you cannot get from the defendant.
If you win your case, the defendant is legally obligated to pay your damages with or without insurance. Many defendants are forced to pay out of pocket. If the defendant has trouble paying, we may reach a payment agreement, such as a monthly payment schedule or something similar.
Insurance Options for Accidents with Uninsured or Underinsured Drivers
While suing an uninsured or underinsured driver is legally possible, it is not always practical, as many drivers cannot afford the cost of high damages out of their own pockets. In such situations, you may have insurance options to help you.
Uninsured Motorist Insurance
Uninsured motorist coverage is specifically designed for accidents involving an at-fault driver who lacks insurance. Instead of trying to make the other driver pay out of pocket, you can file a claim with your uninsured motorist coverage.
This coverage must be at least equal to the policy limits of your liability coverage. If you have high policy limits for liability coverage, your uninsured motorist coverage should be equally significant. This policy should cover you, your passengers, medical costs, and more.
Underinsured Motorist Insurance
Underinsured motorist coverage is often coupled with uninsured motorist coverage, but it works a bit differently. You may file claims with this coverage if the at-fault driver has insurance, but their policy limits are insufficient to adequately cover your damages.
When you file a claim, your uninsured motorist coverage should make up the difference between what the at-fault driver’s insurance paid and what you still need. This may be a good option for covering damages if the at-fault driver cannot afford to pay the rest of your costs out of pocket.
Is it a Good Idea to Sue an Uninsured or Underinsured Driver in Louisiana?
While it may be possible to sue an uninsured driver after a car accident, it is not always wise to do so. Your attorney should explain the risks of suing an uninsured driver before you file your lawsuit.
Can the Defendant Afford to Pay?
Between vehicle repairs, hospital bills, and other costs and damages, many accidents cost tens of thousands of dollars. Arguably, most people cannot afford these costs without insurance. This makes suing an uninsured driver somewhat risky.
There is a possibility that the at-fault driver in your case cannot afford to pay for your damages out of pocket. Without insurance, they may be considered insolvent and judgment-proof. Even if you win the lawsuit, they have no money to pay you.
In such cases, turn to your uninsured or underinsured motorist coverage. This may help you cover your costs without having to pursue a lawsuit against an insolvent defendant.
Are There Other Defendants?
Talk to your attorney about other possible defendants. For example, if the driver was on duty at their job when they caused the accident, their employer might be vicariously liable, and they may have to cover your damages.
This often happens when a delivery driver or someone else who drives as part of their job causes an accident. Even if the driver is uninsured and cannot pay anything, their employer likely has insurance and greater financial resources.
Is a Settlement Better?
If the at-fault driver is uninsured, it might be better to negotiate a settlement that you believe is adequate and that the other driver can afford to pay.
Whether a settlement is a good idea depends on your damages and the defendant’s financial resources. Those with little to no financial resources might be unable to offer a settlement, and your attorney may need to help you explore other legal options.
FAQs About Car Accidents Involving Uninsured or Underinsured Drivers in Louisiana
Am I Allowed to Sue a Driver for an Accident if They Are Uninsured or Their Insurance is Insufficient?
Yes. You are free to file a lawsuit against the negligent driver after a car accident if they are uninsured or do not have enough insurance to cover your damages. Remember, even if the other driver is insured, their policy might not cover certain kinds of damages, like non-economic injuries for pain and suffering, and you may need to sue to get these damages covered.
Is it a Good Idea to Sue a Driver with No Insurance or Insufficient Insurance?
Maybe. When a driver is uninsured, they may have to cover your damages after an accident out of their own pockets. This can be extremely expensive, and many people are unprepared to cover such costs. In that case, the other driver might be insolvent and judgment-proof. This means that even if you win your lawsuit, the defendant still cannot pay, and there might not be much the court can do for you after that.
Can I Sue Someone Other Than an Uninsured Driver?
It may be a good idea to include other defendants in the case if the at-fault driver is uninsured. For example, other negligent drivers in a multi-vehicle accident may be insured and able to cover your damages. If the driver was working when they caused the accident (e.g., delivery drivers, cab drivers, truckers), their employer may be held vicariously liable for your damages.
Do I Have to Sue if the At-Fault Driver in an Accident is Uninsured?
Not necessarily. You may have uninsured or underinsured motorist coverage that may help you recover damages when the other driver lacks coverage. You might instead negotiate a private settlement with the at-fault driver that they can afford and that adequately covers your damages.
How Long Do I Have to Sue an Uninsured or Underinsured Driver After an Accident in Louisiana?
In Louisiana, personal injury claims, including car accident claims, must be filed within the statute of limitations for such claims. You have 2 years from the date of the accident to file a lawsuit, barring special circumstances.
Speak to Our Louisiana Car Accident Attorneys for Help Now
Get a free, confidential legal assessment from our New Orleans, LA personal injury lawyers by calling the Schoenfeld Law Firm at (504) 688-7760.
