The law in Louisiana requires that drivers carry liability insurance. However, the law also imposes restrictions on speed and requires the use of turn signals when navigating an intersection or merging into another lane of traffic. Many people choose not to follow traffic statutes.
Even though insurance requirements technically protect individuals from financial liability if they are at fault for a crash, they may resent the obligation to pay for insurance. Some people cancel their policies. Others simply don’t pay their bills. They may not even know that their policy has lapsed when a crash occurs. In those scenarios, those affected by the collision may worry about covering their expenses.
What option for compensation do people have when the driver at fault for a collision does not have mandatory liability coverage?
Personal insurance policies
Many motorists carry uninsured driver coverage. Others may have comprehensive and collision coverage added to their policies to expand their baseline liability protection. These supplemental forms of coverage can help get paid to repair their vehicles, cover their medical bills and replace their lost wages caused by their injuries. Uninsured motorist claims often prove challenging, and drivers using their own policies may need assistance understanding their rights and the coverage available given their total losses.
Personal injury lawsuits
Uninsured drivers are directly financially liable for the damages generated by collisions that they cause. Those injured by uninsured motorists can file a personal injury lawsuit seeking compensation for the economic consequences of the wreck. The courts can place liens on valuable property, sell nonexempt assets or even garnish wages as a means of enforcing judgments after a successful personal injury lawsuit.
In some cases, there may be a third party with liability for the incident. Employers, vehicle manufacturers and even municipal authorities may sometimes have a degree of responsibility for a crash. Those injured by uninsured drivers can theoretically file lawsuits against outside parties for the losses they cannot recover through an insurance claim or a lawsuit against the driver at fault for the wreck.
Reviewing the circumstances of a crash caused by an uninsured driver with a legal professional can help people explore their options. Litigation is frequently necessary when those who cause crashes do not have the liability coverage necessary to cover collision expenses.