Louisiana's Uninsured Motorist Coverage Requirements
Louisiana's uninsured motorist coverage differs from other states' laws. Louisiana assumes that motorists have uninsured motorist coverage unless it is specifically rejected. It's a subtle difference that becomes very important when filing a lawsuit.
Louisiana's uninsured motorist statutes: defined
Louisiana has a mandatory uninsured motorist (UM) or underinsured insurance statute. That means that, in Louisiana, a person buying automobile insurance is presumed to have also bought uninsured or underinsured coverage. We asked Tim Young, a Louisiana attorney whose practice handles all aspects of auto accident cases, to explain UM in greater detail. According to Young:
Louisiana law specifically requires that the individual purchasing the insurance policy reject such coverage if the coverage is not going to be included. Louisiana actually has a form that the individual purchasing the policy will have to sign in order for the UM or under insured coverage to be rejected.
This can be important because we have absolutely handled cases where we're able to show that the individual purchasing the policy never rejected such coverage. Courts will hold that they are entitled to UM or under insured coverage unless they have specifically signed off on the rejection form.
Very few requirements to sue
Auto accident victims in Louisiana will find that there are very few requirements to bring a lawsuit. In fact, Young told us that, other then a good faith belief relating to the nature of the case, very little else is required. He explained, "There's no requirement that a party have completed an accident report, either informally or formally, through any type of police department. There's no requirement that the party give notice to the other side before they file the suit."
"There's not even any pre-suit requirement that the party submit to a medical examination by the other insurance company, which is very often requested during the claims process. In Louisiana, the party that is injured is allowed to walk over to court either the next day, or up until one year after the accident, and file their suit without any type of pre-notice or pre-suit requirements."
If you or a loved one has been injured in an auto accident, contact an attorney whose practice focuses in this area of law. Click here, to contact a qualified Louisiana Car Accident attorney for a free, no-obligation consultation.