UM Insurance and Unconditional Tenders
Its been my experience that there are so many uninsured and underinsured drivers in Louisiana. If you are injured and the at fault party has not purchased insurance you will probably have to bear the injury without compensation because typically those without insurance judgment proof. You should carry uninsured motorist coverage (UM coverage) with your regular insurance policy.
McDill v. Utica Mut. Ins. Co., 475 So. 2d 1085, 1089 (La. 1985) provides that your UM carrier pay on your UM claim when you can show the owner causing the accident is uninsured or underinsured and the extent of your injuries. Your UM insurer owes you a duty of good faith and fair dealing under Jones v. Johnson, 45,847 (La. App. 2 Cir. 12/15/2010), 56 So. 3d 1016, 121.
After the UM insurer receives proof of your claim, it has 30 days to pay you the limits of your UM policy or make an “unconditional tender.” See Jones, supra, 56 So. 3d at 1023, citing La. R.S. 22:1892.
UM insurers make unconditional tenders are under a duty of good faith under La. R.S. 22:1892 and La. R.S. 22:1973.
An unconditional tender does not end your UM claim if policy limits are not met. You still have rights under the policy if you are still injured. Please call me if you have questions about UM coverage and checks you have received from your insurance company.