Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Disclaimer: This article provides general educational information about uninsured/underinsured motorist coverage in Louisiana and is not intended as legal advice. Insurance laws and requirements may change, and individual circumstances vary. For guidance specific to your situation, consult with a qualified Louisiana attorney.
Uninsured/underinsured motorist (UM/UIM) coverage is a type of auto insurance that pays for your injuries and damages when the at-fault driver either has no insurance or does not carry enough insurance to cover your losses.
This coverage protects you, your family members, and passengers in your vehicle when another driver’s negligence causes harm but their insurance coverage falls short.
Understanding this coverage is especially critical given Louisiana’s comparative fault system under La. C.C. Art. 2323. As of January 1, 2026, if you are found 51% or more at fault for an accident, you are completely barred from recovering any compensation. If your fault is less than 51%, your damages are reduced proportionally.
There are two components to this coverage.
Unlike liability coverage that protects others when you cause an accident, UM/UIM coverage protects you. It functions as a safety net that ensures you are not left paying out of pocket for medical bills, lost wages, and other damages simply because someone else chose not to carry adequate insurance.
The statistics reveal why UM/UIM coverage is not merely optional protection but an essential safeguard for Louisiana families.
According to the Insurance Research Council’s most recent data, approximately 11.7% of Louisiana drivers—roughly 1 in 9—operate vehicles without any insurance at all. Louisiana ranks 32nd nationally for uninsured motorists, meaning many states face even higher rates of uninsured drivers on their roads.
Research indicates that 15.4% of drivers across the country are uninsured, while an additional 18% are underinsured. Combined, one in three drivers on American roads either has no insurance or does not carry enough to cover a serious accident. This figure has increased by 10 percentage points since 2017.
To put the inadequacy of minimum coverage into perspective, consider that the average cost of treating a minor collision injury exceeds $132,000, while disabling injuries can easily surpass $1 million in medical expenses alone. Louisiana’s $15,000 per-person minimum would not cover even a single day in the intensive care unit at most hospitals.
The protection provided by UM/UIM coverage extends well beyond what many policyholders realize.
This coverage pays for medical expenses incurred by you, your family members, and passengers in your vehicle following an accident caused by an uninsured or underinsured driver. It also compensates for lost wages when injuries prevent you from working, as well as future lost earning capacity if your injuries result in long-term disability.
Unless you have specifically selected economic-only coverage, your UM/UIM policy also covers non-economic damages such as pain and suffering, emotional distress, and diminished quality of life. This represents a significant advantage over health insurance, which does not compensate for these very real consequences of serious injuries.
One of the most important features of UM/UIM coverage is that it follows the person rather than the vehicle. You are protected whether you are driving your own car, riding as a passenger in someone else’s vehicle, walking as a pedestrian, or cycling when struck by an uninsured motorist. Your coverage travels with you.
The coverage also extends to family members and others residing in your household, as well as anyone riding as a passenger in your insured vehicle at the time of an accident.
Louisiana lawmakers have enacted several provisions that make UM/UIM coverage more valuable in this state.
Under La. R.S. 22:1284, insurance companies are explicitly prohibited from raising your rates, adding surcharges, or canceling your policy because you file a UM/UIM claim. This protection recognizes that you are not at fault when another driver injures you, and you should not be penalized for using coverage for which you paid.
Louisiana law also provides remedies when insurers fail to handle claims fairly. Under La. R.S. 22:1892 and La. R.S. 22:1973, insurers who act in bad faith by unreasonably delaying or denying legitimate claims can be held liable for penalties of up to 50% of the amount owed, plus attorney fees.
These provisions give teeth to policyholder protections and discourage insurance companies from engaging in unfair claims practices.
Another important protection involves the validity of coverage rejections. If your insurer cannot produce a properly completed rejection form meeting the requirements established in Duncan v. U.S.A.A. Ins. Co., 06-0363 (La. 11/29/06); 950 So. 2d 544, your policy may be “reformed” to include UM/UIM coverage at the full limits of your liability coverage.
This means that even if you believe you rejected coverage years ago, you may still have protection if the rejection was not properly documented. However, you should never bet on this.
Many Louisiana drivers are unaware of the full extent of their UM/UIM protection or mistakenly believe they do not have this coverage at all.
Because Louisiana law requires UM/UIM coverage to be automatically included unless specifically rejected, there is a chance your policy includes this protection even if you do not recall purchasing it.
Review your insurance declarations page (the summary document that outlines your coverage types and limits). Look for entries labeled “UM” or “UIM” or “Uninsured/Underinsured Motorist
Coverage.” If you have questions about whether your rejection was valid or whether you have coverage, consulting with an attorney can help clarify your rights.
Under La. R.S. 22:1295(1)(c), Louisiana generally prohibits “stacking”, which means you cannot combine UM/UIM limits from multiple policies or multiple vehicles under the same policy to increase your available coverage.
However, there is an exception for passengers. If you are injured as a passenger in someone else’s vehicle, you may be able to access both the vehicle owner’s UM coverage as the primary source and your own UM coverage as excess coverage.
Louisiana’s minimum liability requirements of $15,000 per person and $30,000 per accident were established decades ago and have not kept pace with the rising cost of medical care. What might have been reasonable coverage in the past is now dangerously inadequate.
Consider a scenario where you are seriously injured by an at-fault driver who carries only minimum coverage.
Your medical bills total $150,000, you miss six months of work resulting in $40,000 in lost wages, and you experience significant pain and suffering. The at-fault driver’s insurance pays only $15,000, leaving you with a gap of well over $175,000 in uncompensated damages.
Without UM/UIM coverage, you would be left pursuing the at-fault driver personally for the difference. But if that driver lacks assets, you may never recover your losses regardless of how strong your legal case might be.
UM/UIM coverage fills this gap by providing compensation up to your policy limits after the at-fault driver’s coverage is exhausted.
Many people incorrectly assume their health insurance will handle everything if they are injured in an accident. While health insurance may cover your medical treatment, it does not compensate for lost wages, pain and suffering, emotional distress, or long-term disability.
Health insurance have deductibles, copays, and coverage limitations that leave policyholders with out-of-pocket expenses.
No matter how safely you drive, you cannot control the actions of other motorists. A reckless or distracted driver can cause a serious collision in seconds, and your driving skills offer no protection against someone else’s negligence.
In reality, the median annual cost for this coverage is approximately $50 to $78 per vehicle. A modest investment when compared to potential losses that can reach hundreds of thousands of dollars. Given that Louisiana law prohibits insurers from raising your rates for filing UM/UIM claims, this coverage represents exceptional value.
Failing to take legal action within this timeframe can result in losing your right to compensation entirely.
UM/UIM coverage exists for one fundamental reason: to ensure that you and your family are not left bearing the financial burden of injuries caused by someone else’s decision to drive without adequate insurance. In a state where more than one in nine drivers has no insurance at all and the vast majority carry only minimum coverage, this protection is not a luxury but a necessity.
The cost of UM/UIM coverage pales in comparison to the peace of mind it provides. Knowing that your medical bills, lost wages, and other damages will be covered regardless of whether the at-fault driver has insurance allows you to focus on what truly matters: your recovery and your family’s well-being.
Have you been injured in an accident involving an uninsured or underinsured driver? The Ikerd Law Firm is here to help you understand your rights and pursue the compensation you deserve.
Attorney Chad Ikerd brings over a decade of courtroom experience to every case, fighting to protect Louisiana families when they need it most. Call today at (337) 366-8994 for a free consultation to discuss your situation and learn how we can help.
Two years. You have two years from the date of your accident to file a UM/UIM claim in Louisiana under La. R.S. 9:5629.
This is called the “prescriptive period.” If you miss this deadline, you lose your right to recover compensation permanently—even if you have a valid claim. The clock starts on the accident date, not when you discover your injuries.
Yes. Louisiana’s Direct Action Statute (La. R.S. 22:1269) allows you to sue your own UM/UIM insurer directly.
You don’t need to locate or name the uninsured driver first. However, you must still prove the other driver was at fault and that they were uninsured or underinsured. Your insurer must then pay benefits up to your policy limits.
No. Standard UM/UIM coverage only pays for bodily injuries—not vehicle damage.
For vehicle repairs, you need separate Uninsured Motorist Property Damage (UMPD) coverage. Important: Louisiana only allows UMPD if you don’t have collision coverage on the same policy. UMPD is capped at $25,000 and requires a $250 deductible.
You must sign a state-approved rejection form. The form must include your initials, signature, printed name, date, policy number, and the insurer’s name.
If any element is missing or incorrect, the rejection is invalid—and you automatically get full UM coverage at your liability limits. This was confirmed in Duncan v. U.S.A.A. and Berkley Assurance Co. v. Willis (2022). Many drivers unknowingly have coverage they thought they rejected.
MedPay pays immediately regardless of fault. UM requires proving the other driver was at fault and uninsured.
MedPay covers medical bills only (typically $1,000–$10,000) with no fault determination needed. UM/UIM covers medical bills plus lost wages, pain and suffering, and future damages—but takes longer to settle. MedPay is optional in Louisiana; UM is automatic unless rejected.
Yes. Louisiana UM/UIM coverage follows you as a person, not just your vehicle.
You’re covered whether you’re hit as a pedestrian, cyclist, motorcycle rider, or passenger in someone else’s car—as long as an uninsured or underinsured driver caused the accident. Your household family members are also protected under your policy.
Yes, but you must prove another vehicle caused the accident. Louisiana requires either physical contact between vehicles OR testimony from an independent witness.
This rule prevents fraudulent claims. If the hit-and-run driver is never found, they’re treated as “uninsured” under your UM policy. File a police report immediately and gather any surveillance footage or witness contact information.
No. The Louisiana Supreme Court struck down “regular use” exclusions in Higgins v. La. Farm Bureau (2021).
Previously, insurers denied UM claims when drivers were in employer-provided vehicles not listed on their personal policy. The Court ruled this violated Louisiana’s strong public policy of protecting drivers with UM coverage. Your personal UM policy should cover you regardless of which vehicle you’re driving.
It only pays for out-of-pocket costs like medical bills and lost wages—not pain and suffering.
Economic-only UM is a cheaper, limited option that excludes non-economic damages such as emotional distress, disability, and loss of enjoyment of life. Full bodily injury UM coverage pays for both. Check your declarations page to see which type you have—the difference matters significantly in serious accidents.
Both the vehicle owner’s policy and your own policy may apply.
As a passenger, you can potentially recover from the driver’s UM policy first, then access your own UM policy for additional coverage. This is an exception to Louisiana’s anti-stacking rule (La. R.S. 22:1295). This “stacking” is especially valuable when one policy’s limits don’t cover all your damages.
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