Updated September 2026

Quick Summary: Uninsured motorist coverage, often called UM, is part of your own auto policy. It pays for your injuries when a driver with no insurance, or not enough insurance, causes a crash. Some policies also cover damage to your car. In Louisiana, UM is included on your policy unless you reject it or choose lower limits in writing, and it also applies to underinsured and hit-and-run drivers.

Getting into a car accident is stressful enough. When the driver who hit you has no insurance, the first question is who pays for your medical bills and time away from work. If you carry uninsured motorist coverage, the answer is often your own policy. At Sean Regan Law, we represent people hurt in crashes in New Orleans and the surrounding Louisiana parishes. This guide explains what UM coverage is, how it works under Louisiana law, and what to do if you need to use it.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is a type of auto insurance that pays for your injuries and damages when the at-fault driver has no insurance. Think of it as your safety net when someone else’s lack of responsibility puts you at risk.

There are two main types of uninsured motorist coverage:

• Uninsured Motorist Bodily Injury (UMBI): This covers medical expenses, lost wages, pain and suffering, and other injury-related costs when an uninsured driver causes an accident.
• Uninsured Motorist Property Damage (UMPD): This covers damage to your vehicle and other property when an uninsured driver is at fault.

In Louisiana, the same UM coverage also applies to underinsured drivers. If the at-fault driver has insurance but not enough to cover your damages, your UM coverage can pay the difference, up to your own limits. This matters because many drivers carry only the minimum liability limits the state requires, and a serious injury can exceed those limits.

How Uninsured Motorist Coverage Works Under Louisiana Law

Louisiana’s uninsured motorist statute, La. R.S. 22:1295, sets the ground rules. A few of them surprise people when they finally read their policy after a crash.

UM Is Included Unless You Reject It in Writing

Auto liability policies issued in Louisiana must include UM bodily injury coverage at limits equal to your liability limits. You can reject it, choose lower limits, or choose economic-only coverage. To do that, you must sign the form prescribed by the Louisiana Commissioner of Insurance. If that form is missing or was not completed properly, the coverage may still exist on your policy.

Economic-Only UM Is a Different Coverage

Economic-only UM pays for economic losses such as medical bills and lost wages. It does not pay for noneconomic losses like pain and suffering. Some drivers choose it to lower their premium without realizing what they gave up, so check your declarations page to see which version you have.

Hit-and-Run and Unknown Drivers

UM coverage can apply when the at-fault driver cannot be identified. The rule is stricter when the unknown vehicle never touched yours, for example a driver who forced you off the road. In that case, Louisiana requires proof from an independent and disinterested witness that the other driver caused the crash.

Property Damage Is Often Listed Separately

UM bodily injury and uninsured motorist property damage are usually separate lines on your policy. Look at your declarations page to confirm whether you carry UMPD and what deductible applies. It also helps to know how UMPD fits with any collision coverage on the car.

Why You Need Uninsured Motorist Coverage in Louisiana

Louisiana law requires drivers to carry liability insurance, but not everyone on the road does, and many who do carry only the state minimum. When one of these drivers causes an accident, you could be left paying medical bills and repair costs yourself.

Here’s why uninsured motorist coverage matters:

You Can’t Control Other Drivers

No matter how carefully you drive, you can’t control whether other drivers are following the law and carrying insurance. All it takes is one irresponsible driver running a red light to turn your life upside down.

Medical Bills Add Up Fast

Even what seems like a “minor” accident can result in significant medical expenses. Emergency room visits, X-rays, physical therapy, and follow-up appointments can easily cost tens of thousands of dollars. Without uninsured motorist coverage, you might be forced to pay these bills out of pocket.

Your Health Insurance May Not Cover Everything

While your health insurance may cover some medical expenses, it often doesn’t cover everything related to a car accident. You may still face deductibles, co-pays, and out-of-network charges. Plus, health insurance doesn’t cover lost wages, pain and suffering, or vehicle damage.

Compare the Premium to the Risk

UM usually shows up as its own line item on your policy. Ask your agent what it adds to your premium, then compare that to what an uninsured driver could leave you paying after a serious crash.

How Does an Uninsured Motorist Claim Work?

If you’re injured by an uninsured driver, you’ll file a claim with your own insurance company under your uninsured motorist coverage. Here’s what the process typically looks like:

Report the Accident

Notify your insurance company about the accident as soon as possible. Provide them with all the details, including the police report, photos of the scene, and any witness information.

Prove the Other Driver Was Uninsured

Your insurance company will verify that the at-fault driver was indeed uninsured or underinsured. This is usually done through the police report and state records.

Document Your Damages

Just like with any car accident claim, you’ll need to document your injuries and damages. This includes medical records, repair estimates, proof of lost wages, and any other evidence that supports your claim.

Negotiate a Settlement

Your insurance company will review your claim and make a settlement offer. This is where things can get tricky. Even though it’s your own insurance company, their goal is still to minimize what they pay out. Having an experienced attorney on your side can make a significant difference in the settlement you receive.

Common Challenges with Uninsured Motorist Claims

While uninsured motorist coverage is designed to protect you, getting a fair settlement isn’t always straightforward. Insurance companies often use various tactics to reduce what they pay, including:

• Questioning the extent of your injuries
• Arguing that the other driver wasn’t really at-fault
• Assigning part of the fault to you
• Claiming you rejected UM coverage or chose lower limits
• Offering lowball settlements that don’t cover all your damages
• Delaying the claims process in hopes that you’ll give up

Louisiana uses pure comparative fault (La. C.C. art. 2323). If you are found partly at fault, your recovery is reduced by your percentage of fault rather than barred entirely. Insurers know this, so fault is argued in UM claims just as it is in claims against the other driver.

UM claims also have time limits. Louisiana calls them prescriptive periods (similar to a statute of limitations in other states). The period that applies can depend on when the crash happened and on the type of claim, so have an attorney confirm the deadline for your situation early.

This is why working with a skilled personal injury attorney is so important. An experienced lawyer knows how to counter these tactics and fight for the full compensation you deserve.

What to Do If You’re Hit by an Uninsured Driver

If you’ve been in an accident with an uninsured motorist, here are the steps you should take:

Stay at the Scene and Call the Police

Never leave the scene of an accident. Call 911 and wait for the police to arrive. The police report will be a critical piece of evidence for your uninsured motorist claim.

Get Medical Care and Keep the Records

See a doctor promptly, even if you feel fine at the scene. A prompt visit creates a dated medical record connecting your injuries to the crash, and your insurer will look for that record when it reviews your claim.

Gather Evidence

Take photos of the accident scene, the damage to all vehicles involved, and any visible injuries. Get contact information from any witnesses. If the other driver fled or never made contact with your car, a witness can decide whether your UM claim is covered.

Contact Your Insurance Company

Report the accident to your insurance company and let them know the other driver appears to be uninsured.

Get a Copy of Your Policy

Ask your insurer for your full policy, your declarations page, and any UM rejection or selection form you signed. These documents show what coverage you have and at what limits.

Call an Attorney Before Accepting Any Settlement

Before you agree to any settlement offer from your insurance company, talk to an attorney. Insurance companies often offer far less than your claim is truly worth, especially in uninsured motorist cases.

Uninsured Motorist Coverage FAQ

What does uninsured motorist coverage not cover?

UM does not pay for injuries in a crash you caused, and it does not pay beyond the limits on your policy. It will not help if you validly rejected it in writing. Economic-only UM does not pay for pain and suffering, and UM bodily injury does not pay to repair your car. Policies can also contain exclusions, so read your own policy language.

What does uninsured motorist coverage pay for?

UM bodily injury coverage pays for losses you could have recovered from the at-fault driver. That can include medical bills, lost wages, and pain and suffering if you did not choose economic-only coverage. Depending on your policy, it can also cover passengers in your car and relatives who live with you. UMPD, if you carry it, pays for damage to your vehicle.

Is it better to have collision or uninsured motorist coverage?

They do different jobs. Collision coverage pays to repair your car no matter who caused the crash, minus your deductible. UM bodily injury pays for your injuries and lost wages when an uninsured or underinsured driver is at fault. Collision does nothing for your injuries, which is why many drivers carry both.

Why would someone reject uninsured motorist coverage?

Usually to lower the premium, or because they expect health insurance to cover them. Health insurance does not pay lost wages or pain and suffering, and it can still leave deductibles and co-pays. In Louisiana, a rejection only counts if it was made on the Commissioner of Insurance form. If you are not sure what you signed, ask your insurer for a copy.

Get Help with Your Uninsured Motorist Claim in New Orleans

Being hit by an uninsured driver is frustrating and unfair, but you don’t have to face it alone. Sean Regan is a New Orleans native and a graduate of LSU and Loyola Law School. He began his career at personal injury firms in New Orleans before starting Sean Regan Law. We understand the tactics insurance companies use to minimize payouts, and we know how to fight back. As a smaller firm, we give each case personal attention. We review your policy and any UM rejection form, gather evidence, and negotiate with your insurance company so you can focus on your recovery. You can learn more about Sean or see the vehicle accident and injury cases we handle.

We offer a free, no-obligation consultation to review your case and explain your options. Our office is at 4919 Canal St., Suite 304, in New Orleans, and we can also talk by phone or Zoom. Don’t let an uninsured driver’s negligence leave you paying the price. Contact Sean Regan Law today to talk about your uninsured motorist claim.

This post provides general information about Louisiana insurance law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, talk with an attorney.