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UM Insurance Policy

Common Exclusions in Louisiana Uninsured/Underinsured Motorist (UM) Policies and How to Deal with Them

Louisiana attorneys handling personal injury claims against uninsured/underinsured motorist (UM) carriers will often encounter “exclusions” to coverage found in the insurance policies issuing UM coverage.  However, not all exclusions are valid.  Some violate public policy, and some are not written narrowly and clearly enough.  The following sections should help attorneys and insureds evaluate and handle […]

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Personal Injury Car Insurance Policy

Louisiana Lawsuits to Enforce UM Benefits: Venue, Proper Defendants, Bad Faith and Prescription

  An attorney or personal injury victim representing him or herself should keep several factors in mind when filing a lawsuit against an insurance company to enforce UM benefits. Venue A lawsuit against a UM carrier must be filed in a proper venue (parish).  A lawsuit against a UM carrier is to enforce rights under

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UM Insurance Policy

Unconditional Tenders and Uninsured/Underinsured Motorist (UM) Coverage

If you are injured in a car accident caused by an uninsured or underinsured driver, you will likely be entitled to uninsured/underinsured motorist coverage (UM) if you purchased it. Your UM insurer owes you a duty of good faith and fair dealing.  Jones v. Johnson, 45,847 (La. App. 2 Cir. 12/15/2010), 56 So. 3d 1016, 121.

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Illustration of Obtain Insurance Documents after an Automobile Accident

The Importance of Obtaining Insurance Information After An Automobile Accident

I have posted previous articles about the post-crash investigation an accident victim should do. My tips included obtaining insurance information from all involved drivers. I cannot stress enough how important it is to obtain the other driver’s insurance information. This is also the case for pedestrian accidents: If you were hit as pedestrian or bicyclist

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street sign one way directing traffic

Making A Claim Against Your Employer’s Automobile Insurance Company for UM: Yes You Can!

Typically when you are hurt on the job, your only recourse against your employer is under the Louisiana Workers’ Compensation Act. See La. R.S. 23:1031. You cannot typically sue your employer for tort damages like pain and suffering when you are hurt on the job. See La. R.S. 23:1032. Your only remedy against your employer

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Man hurt in accident and first aid helping

How to Start a UM Claim after a Louisiana Car Accident

To repair damages after automobile accidents, insurance claims should be started. If the other driver was at fault, a claim against that driver’s insurance carrier can be started for property damage and personal injuries. However, you may want to start a claim against your own insurance company for UM benefits. I have written a separate

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Metairie car accident near stop sign

How to Start a Liability Insurance Claim for a Louisiana Car Accident

To repair damages after automobile accidents, insurance claims must be started. If the other driver was at fault, a claim against that driver’s insurance carrier can be started for property damage and personal injuries. I have written a separate article for starting claims against uninsured motorist insurance when UM is available. A driver can make

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Man hurt in accident and first aid helping

How to Determine if a Louisiana Insurance Policy Has UM Coverage

When you are in an automobile collision with an uninsured or underinsured driver, you may be able to make a claim for UM. All Louisiana automobile policies come with UM coverage equal to the policy’s BI liability limits, unless UM is properly rejected in writing. Thus, if you do not remember signing and initialing a

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Rear end vehicle collision

Making a Claim Against Your UM Insurer in Louisiana

My clients are often afraid to make claims for UM against their insurance carrier. They ask: “Won’t making a claim against my UM cause my insurance premiums to increase?” The answer is “no” as long as they were not at fault for the accident. Louisiana Revised Statute section 22:1284(A) states: No insurer shall increase the

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