
Uninsured Motorist or Underinsured Motorist?
Uninsured Motorist and Underinsured Motorist Coverage
One coverage on your automobile insurance policy which is frequently declined is uninsured or underinsured motorist coverage. Often this coverage does not add much expense to your automobile insurance policy and yet it is frequently declined. This coverage is declined because many people either do not know what this coverage really is or they undervalue its importance. State law requires your insurance company to offer you this coverage though many motorists will decline.
Quite simply, uninsured and underinsured coverage is needed when you are injured and the other party either has no coverage or their coverage (as is often the case) is a minimum limit policy. What happens when your medical bills are $15,000 and the driver who caused the accident's policy only covers you for the minimum limits of $15,000. Often you will not be able to recover any money for your pain, suffering and lost wages unless you have uninsured or under insured motorist coverage. If you have adequate coverage under this provision of your policy then you can and will be compensated for pain, suffering and lost wages. Please do not make the mistake of believing that just because you have "comprehensive coverage". Then you have uninsured an underinsured motorist coverage. You may not.
If the driver who hit you has no insurance or is under insured, you may be able to pursue a claim with your own insurance company. Although the insurance company may have an obligation to pay benefits, the process is often difficult, and claims are frequently underpaid, delayed, or wrongfully denied. Please call me at 504.841.0014 or email me at Brandon@venegas-law.com for a free consultation.
What is meant by No Play No Pay?
If you are the driver who is not insured and you are involved in an accident with a driver who is at fault and who is insured then you may not be able to collect the first $25,000 of property damages caused by the accident and the first $15,000 covering personal injuries. In addition, not having insurance could subject you to fines and other substantial penalties. The No Play No Pay statute is La. R.S. 32:866. There are exceptions to this law. For example, where the driver who is at fault flees the scene or is cited for violation of La. R.S. 14:98 (DUI/DWI), La. R.S. 32:866 is not applicable.