Short answer: Your own uninsured/underinsured motorist coverage steps in when the at-fault driver has no insurance or not enough. It is a first-party claim against your own insurer, which does not mean it is paid readily. Louisiana’s minimum limits are only 15/30/25, so UM/UIM is frequently the difference between a real recovery and a token one.
Uninsured versus underinsured
Uninsured (UM) applies when the at-fault driver has no liability coverage at all, or in a hit-and-run where the driver is never identified.
Underinsured (UIM) applies far more often: the driver has insurance, but the policy is nowhere near enough. Louisiana’s minimum is $15,000 per person. A three-day hospital stay clears that before anyone discusses pain and suffering.
Why your own insurer is not on your side here
This surprises people. A UM/UIM claim is made against your own carrier, and every dollar paid comes out of their pocket. They will request recorded statements, independent medical examinations, and complete medical histories. They may dispute causation or argue your injuries predate the crash. The relationship is contractual, not friendly, and it should be approached the same way as a claim against any other insurer.
Louisiana's No Pay, No Play penalty just got much bigger
If you were uninsured at the time of the crash, La. R.S. 32:866 limits what you can recover even when the other driver was entirely at fault. The thresholds used to be $15,000 for bodily injury and $25,000 for property damage. Effective August 1, 2025, both rose to $100,000. An uninsured driver injured through no fault of their own can now be barred from recovering the first $100,000 of bodily injury damages. If you were uninsured, say so at the first meeting so the claim can be built around it.
You can reject UM coverage in Louisiana — check whether you did
Louisiana lets you waive UM coverage in writing, and many people did so years ago to lower a premium without understanding the exposure. The waiver must meet strict statutory requirements to be valid, and a defective waiver means the coverage exists whether or not the insurer thinks it does. Pull your declarations page. If UM was rejected, the validity of that rejection is worth examining closely.
Frequently asked questions
Will making a UM claim raise my rates?
Louisiana law restricts surcharging a policyholder for a not-at-fault claim. Concern about rates should not stop you from using coverage you have already paid for.
Can I stack UM coverage across multiple vehicles?
It depends on your policy language and how the coverage was written. Whether stacking is available is a policy-specific question and worth reviewing carefully when the at-fault coverage is inadequate.
What if it was a hit and run?
UM coverage generally responds to a hit-and-run, but insurers often impose prompt reporting requirements and may require corroboration that another vehicle was involved. Report it to police and to your insurer immediately.
Do I sue the other driver or my own insurer?
Since Act 275 of 2024, you generally cannot name the at-fault driver’s liability insurer directly except in defined circumstances. Notably, uninsured motorist claims remain one of the exceptions where a direct action against an insurer is still available.
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