Navigating Uninsured and Underinsured Motorist Claims
April 30, 2025
When you're involved in a car accident, your first concern is likely your physical well-being.
But once the dust settles, the reality of financial recovery starts to set in. This process can become even more stressful when the driver responsible for the accident either doesn't have car insurance or doesn't have enough to cover your losses.
In these cases, uninsured and underinsured motorist (UM/UIM) coverage can help you recover damages when the at-fault driver can't pay for what you've lost. However, filing a claim under UM/UIM coverage isn't always straightforward.
At Allen V. Davis & Associates, we will help you find a solution that empowers you to move forward with confidence. Our attorney will take the time to listen to your story and understand your needs, as well as guide you through the legal process, from filing an insurance claim to fighting for compensation. Call us if you're considering filing an uninsured and underinsured motorist claim in Gonzales, Louisiana, or surrounding areas, including Baton Rouge, Livingston Parish, St. James Parish, or Jefferson Parish.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage is part of your auto insurance policy, which helps when the driver responsible for the accident has no liability insurance. Underinsured motorist coverage applies when the other driver has some insurance, but it isn't enough to cover your total damages. Here are some key differences to keep in mind:
Uninsured motorist (UM): Helps pay for your expenses when the at-fault driver has no insurance at all.
Underinsured motorist (UIM): Comes into play when the at-fault driver's policy limits are too low to cover your costs.
Stacking options: Louisiana allows policyholders to stack UM/UIM coverage in some situations, depending on how your policies are written.
UM/UIM coverage is critical in Louisiana, a state where uninsured driver rates exceed the national average. With the right coverage, you can avoid bearing the financial burden of someone else’s mistake, making sure you're protected when it matters most.
Why UM/UIM Coverage Is Critical in Louisiana
In Louisiana, drivers are legally required to carry a minimum amount of liability insurance. However, not everyone follows this mandate, and many who do only meet the bare minimum requirements. Unfortunately, this limited coverage often falls short when it comes to covering the costs of severe injuries.
Here’s why UM/UIM coverage matters in this state:
High number of uninsured drivers: Louisiana has one of the highest rates of uninsured motorists in the U.S.
Low minimum insurance requirements: The state requires only $15,000 in bodily injury coverage per person, which won't cover major medical bills.
Frequent litigation delays: Cases can take months or even years to settle, so having coverage can help you pay bills while waiting for resolution.
When your damages exceed what the other driver can pay, your own policy becomes your greatest hope for financial recovery.
Filing a UM/UIM Claim After an Accident
Filing a UM/UIM claim isn't just a matter of calling your insurance company. There are steps you need to follow to increase the chances of a fair payout. Every action you take after the accident can affect the strength of your claim, so it's important to proceed carefully and keep detailed records. Steps to take when starting your claim:
Get medical attention: Even if you feel fine, some injuries take time to show up. Immediate treatment also creates a medical record that ties your injuries directly to the crash.
Notify your insurer immediately: Most policies have deadlines for reporting UM/UIM claims. The sooner you alert your insurance company, the better your chances of avoiding delays or denial.
Collect documentation: Police reports, medical records, witness statements, photos of the scene, and repair estimates will all support your claim. The more you can provide, the harder it becomes for the insurer to dispute the facts.
Consult a personal injury attorney: Insurers may not offer a fair settlement without legal pressure. An attorney can help you understand your rights, communicate with the insurer on your behalf, and fight for full compensation.
You should also keep track of lost wages, transportation costs related to medical visits, and any out-of-pocket expenses. These might seem minor at first, but they can add up quickly. Insurance companies are businesses; even your own insurer may look for ways to reduce what they owe you. Being prepared can claim what's rightfully yours.
Common Challenges in UM/UIM Claims
These types of claims come with their own roadblocks. It’s not unusual for people to hit a wall with their insurance company, even when they’ve paid premiums faithfully for years. Typical issues people run into:
Coverage denial: Your insurer may argue the accident doesn’t qualify under the terms of your UM/UIM policy.
Delays in payment: Companies may drag their feet while "investigating," often using this time to search for reasons to reduce or deny the claim.
Disputes over damages: Insurers might undervalue your injuries or property loss, sometimes offering a settlement that doesn't come close to covering your actual costs.
Stacking confusion: If you have multiple vehicles, applying your coverage can get tricky. Some policies let you combine coverage limits (known as stacking), while others do not, and interpreting this can be difficult without legal help.
These roadblocks can stall your financial and emotional recovery. That’s why many people turn to a personal injury attorney to deal with UM/UIM claims. Your attorney can handle these setbacks and get things moving, whether that means negotiating with the insurer or preparing for litigation.
Transitioning From Insurance to Legal Action
When your insurance company refuses to cooperate, you probably have no choice but to take legal action. This shift can be intimidating, but sometimes it's the only way to get compensation. Understanding what this next step looks like can reduce the stress that often comes with it.
Before filing a lawsuit, consider the following:
Your policy’s arbitration clause: Some require disputes to be settled through arbitration rather than the court. Review your policy with an attorney to see what applies to your situation.
Evidence collection: The more solid your evidence, the stronger your legal position. Gather updated medical records, repair receipts, and any communication with your insurance company.
Timeline for filing: Louisiana’s statute of limitations for personal injury claims is just one year. That means you need to act quickly to protect your right to sue.
When you move from filing a claim to filing a lawsuit, you're entering a new legal arena with higher stakes. At this point, working with a personal injury attorney becomes critical. From filing documents to representing you in arbitration or court, a lawyer makes sure no deadlines are missed and no detail is overlooked.
What a Personal Injury Attorney Can Do for You
Trying to take on a UM/UIM claim by yourself can be overwhelming, especially if you’re also recovering from serious injuries. A good attorney levels the playing field and puts pressure on insurers to do the right thing.
Here’s how legal representation helps:
Evaluating claims: They can tell you if your case is worth pursuing.
Dealing with adjusters: They can handle the back-and-forth with insurance.
Filing paperwork: They keep everything organized and filed on time.
Negotiating settlements: They can often get better offers than individuals.
Hiring a personal injury attorney can often result in a larger payout, especially when you’re up against a powerful insurance company with a team of lawyers.
Reach Out Today
When you're left holding the bill for someone else's actions, UM/UIM coverage can be the safety net you need. Our experienced personal injury attorney at Allen V. Davis & Associates can help you stand up to the insurance companies and fight for justice and compensation. We serve Louisiana clients in Gonzales, Baton Rouge, Livingston Parish, St. James Parish, and Jefferson Parish. Call today for a consultation.