Hit and Run in Louisiana: What to Do and How You Still Get Paid

Short answer: If the at-fault driver flees, your own uninsured motorist coverage generally responds — even if the driver is never identified. Report it to police immediately and to your own insurer within the time your policy requires. Late reporting is the most common reason a hit-and-run UM claim is denied.

The first hour matters more than in an ordinary crash

1. Call 911 immediately. A police report is effectively mandatory for a hit-and-run UM claim. Many policies require prompt reporting to law enforcement as a condition of coverage.
2. Write down everything you remember now. Partial plate, make, model, color, damage, direction of travel, anything about the driver. Memory degrades within hours.
3. Find witnesses before they leave. In a hit-and-run, an independent witness is often the difference between a paid claim and a denied one.
4. Photograph everything. Your damage, debris, paint transfer, and the scene. Paint transfer can identify a vehicle later.
5. Look for cameras. Businesses, doorbells, traffic cameras. This is the highest-value evidence in a hit-and-run and it is frequently overwritten within a week.
6. Notify your own insurer promptly. Policies impose notice requirements and insurers enforce them.

How you get paid when nobody is caught

Uninsured motorist coverage is designed for exactly this. It applies where the at-fault driver has no insurance and, in most policies, where the driver cannot be identified at all. This is one of the situations where a direct action against an insurer remains available in Louisiana — uninsured motorist claims are among the exceptions preserved when Act 275 of 2024 removed the general direct action right.

Some policies require corroboration that another vehicle was involved, particularly in a phantom-vehicle case where there was no contact. Physical evidence and independent witnesses carry the weight here.

If you were uninsured yourself

Then there is no UM coverage to claim against, and if the driver is later identified, La. R.S. 32:866 now bars the first $100,000 of bodily injury recovery. This is worth raising immediately so the claim can be evaluated realistically.

Drivers do get identified

Fleeing drivers are found more often than people expect. Paint transfer, camera footage, body shop reports, and tips all lead to identification weeks or months later. Insurers sometimes settle a UM claim and then pursue the driver themselves. It is worth keeping the file open rather than assuming nothing will come of it.

Frequently asked questions

Will my rates go up if I use UM coverage?

Louisiana law restricts surcharging a policyholder for a not-at-fault claim. You paid for this coverage precisely for this situation.

What if there was no contact between vehicles?

A phantom vehicle claim — where someone runs you off the road without touching you — is generally covered but held to a higher evidentiary standard. Independent witnesses and physical evidence matter a great deal.

How long do I have to file a UM claim?

The prescription period for the underlying injury claim applies, and your policy imposes its own, much shorter, notice requirements. Notify your insurer immediately, not eventually.

What if the driver is identified later?

Then a liability claim against that driver may be available, and your UM carrier may pursue reimbursement from them. It does not mean you should have waited.

Talk to a Louisiana injury attorney

Kervin Law LLC is a plaintiff-only personal injury firm in Folsom, Louisiana, led by
David D. Kervin, Jr.. We represent people across St. Tammany, Tangipahoa and Washington Parishes.
Free consultation, no upfront cost, and no fee unless we win. Call (985) 888-0640.

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Reviewed by David Kervin, attorney licensed in Louisiana · Last updated July 31, 2026