Uninsured & Underinsured Motorist Lawyers in Baton Rouge
When you’ve been hit by an uninsured motorist on a Louisiana roadway, you’re left facing medical bills and vehicle damage with no one obvious to hold accountable.
Louisiana law still gives you a path to compensation, but navigating it alone is difficult. That’s why so many victims search for an uninsured motorist wreck lawyer the moment they discover the at-fault driver had no coverage.
Hit by an Uninsured or Underinsured Driver in Louisiana? We’ll Fight for the Compensation You’re Owed.
At Spencer Calahan Injury Lawyers, we provide legal help for those involved in a crash with an uninsured motorist anywhere across Louisiana. Our uninsured motorist crash lawyers know exactly how to pursue your own insurance company for every dollar you’re owed. Whether you were in a wreck with an uninsured motorist or your losses exceed what the other driver’s minimal policy can cover, our underinsured motorist car crash attorneys are ready to fight for the full compensation you deserve.
No Fees Unless You Get Paid.
Louisiana’s Uninsured Motorist Law: What La. R.S. 22:1295 Requires
Louisiana requires every auto insurer operating in the state to offer uninsured/underinsured motorist (UM/UIM) coverage under La. R.S. 22:1295. This statute exists for one reason: too many drivers on Louisiana roads carry little or no insurance, and lawmakers recognized that innocent victims shouldn’t be left with nothing when they get hurt.
Under this law, your own insurance company must step in and pay for your damages when the at-fault driver either has no insurance at all or doesn’t carry enough coverage to cover your losses. You can reject this coverage in writing, but if you didn’t sign a formal rejection, it’s built into your policy whether you realized it or not.
Insurance companies rarely explain this coverage clearly, and they’re certainly not going to volunteer that you’re entitled to a payout under it. That’s where we come in. We review your policy, identify every layer of available coverage, and make sure your insurer honors the obligation the law places on them.
Hit by an Uninsured Motorist? Here’s What To Do Next
When you’ve been hit by an uninsured motorist, compensation doesn’t come automatically. You have to take the right steps immediately after the crash to protect your claim.
Call the police and get a report
This documents that the accident happened, who was involved, and whether the other driver could show proof of insurance.
Get the other driver’s information anyway
Even without insurance, you’ll need their name, contact details, and license plate for your own insurer’s records.
Seek medical attention right away
Delayed treatment gives insurance companies an excuse to argue your injuries weren’t serious or weren’t caused by the crash.
Notify your own insurance company
Since your UM/UIM claim is filed against your own policy, you must report the accident to your insurer just as you would with any other claim.
Avoid giving a recorded statement without a lawyer
Even your own insurer’s adjuster is working to minimize your payout, not maximize it.
Once you’ve been hit by an uninsured motorist and taken these initial steps, contact our office before you say anything else to an insurance adjuster. We’ll take over communications and start building your claim immediately.
Filing a First-Party Claim Against Your Own Insurer
An UM/UIM claim is a first-party claim, meaning you’re seeking payment from your own insurance company rather than someone else’s. Many accident victims assume this makes the process simpler or friendlier. It doesn’t.
Your insurer still has a financial incentive to pay you as little as possible, and they’ll use many of the same tactics that a third-party insurer would. These include disputing the severity of your injuries, arguing you were partially at fault, or delaying your claim in hopes you’ll accept a lowball offer out of frustration.
We handle these first-party claims the same way we handle every other case: aggressively, and with your full recovery as the only acceptable outcome. With over 125 years of combined experience fighting insurance companies, we know exactly what tactics to expect and how to counter them.
How Uninsured and Underinsured Motorist Coverage Works
Uninsured motorist coverage pays out when the at-fault driver has no insurance whatsoever. Underinsured motorist coverage pays out when the at-fault driver does have insurance, but their policy limits fall short of covering your full damages.
Here’s an example: if the driver who hit you only carries Louisiana’s state minimum liability coverage, but your medical bills and lost wages total far more than that policy pays, your UIM coverage makes up the difference, up to your own policy’s limits.
This coverage is often overlooked by injury victims because it isn’t the other driver’s insurer paying the claim. It’s yours. And that distinction matters, because your insurer has just as much incentive to undervalue your claim as any other company would.
Why Choose Spencer Calahan Injury Lawyers
Our firm focuses exclusively on personal injury and motor vehicle accident law. We don’t split our attention across unrelated legal matters, which means every ounce of our experience is dedicated to cases just like yours.
- 95% of our cases settle out of court for maximum insurance policy limits
- Settlements that are often 20 times greater than the insurer’s initial offer
- No Fees Until You Get Paid, and you owe us nothing unless we win or settle your case
- A free consultation to review your claim with no obligation
Damages You Can Recover After an Uninsured Motorist Accident
If you were hurt in a wreck with an uninsured motorist, Louisiana law allows you to pursue compensation for both your financial and non-financial losses, including:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Insurance companies routinely undervalue these damages, especially the non-economic ones that don’t come with a receipt attached. We make sure every dollar you’re entitled to gets accounted for in your claim, not just the obvious expenses.
Talk To a Louisiana Uninsured Motorist Attorney Today
Don’t let your own insurance company shortchange you after someone else’s negligence put you in this position. Contact Spencer Calahan Injury Lawyers for your free consultation, and let our team pursue every dollar you’re owed under Louisiana law.
No Fees Unless You Get Paid.
Confidential. Secure. No obligation.
Uninsured Motorist Frequently Asked Questions
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Do I have uninsured motorist coverage even if I never bought it separately?
In most cases, yes. Louisiana law requires insurers to include UM/UIM coverage automatically unless you signed a written rejection. If you’re not sure, we can review your policy for you.
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What if the uninsured driver who hit me has no money to pay anything?
That’s exactly what your own UM coverage is for. You don’t have to rely on the at-fault driver’s finances — your insurer pays your claim directly under your policy.
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Can I still file a claim if the other driver fled the scene?
Yes. Hit-and-run accidents involving an unidentified driver are typically treated the same as uninsured motorist claims under Louisiana law.
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How long do I have to file a UM/UIM claim in Louisiana
Deadlines can vary depending on your policy terms and the circumstances of your accident. Contact us as soon as possible after your crash so we can protect your right to file within the applicable deadline.
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Will filing a UM claim affect my insurance rates?
Whether filing a UM/UIM claim affects your premiums depends on your policy terms and your insurer’s practices. We recommend speaking with an attorney before filing so you understand your options and can make the most informed decision for your situation.