Uninsured / Underinsured Motorist Claims (UM/UIM)

Uninsured / Underinsured Motorist Claims (UM/UIM) in Louisiana: 

When you’re injured in an auto accident, the person responsible is the one who caused it. But, what if the person who caused the accident doesn’t have insurance or doesn’t have enough insurance? At that point, we evaluate your available insurance coverage to determine whether you can bring an uninsured and/or underinsured motorist claim. This is commonly referred to as an UM/UIM claim. 

How Do I Know if I Have Uninsured or Underinsured Motorist Coverage?

You can determine whether you have UM/UIM coverage by looking at the declarations page on your auto insurance policy or you can call your insurance agent. However, it’s better to get responses from insurance companies in writing rather than verbal information over the phone. If you hire Salter Law, we communicate with your insurance agent to determine whether you have a policy of UM/UIM coverage which could apply to cover your injuries and any other potential coverages on your policy which could be used to your benefit. 

In addition, most people can easily access the declarations page of their auto insurance policy by going online and obtaining a copy of your declarations’ page. 

If I Bring an Uninsured or Underinsured Motorist Coverage Claim, Will My Rates Increase?

No, it is illegal to raise your insurance rates if you bring an UM/UIM coverage claim. Louisiana law prohibits insurance companies from raising your rates for bringing an uninsured or underinsured motorist claim because this type of coverage only applies if you were not at fault for the collision.

 These are called no fault claims. The law addressing this is La. R.S. 22:1284 and you can read it here.

If you were in a car accident and it was not your fault, your insurance company cannot punish you for it. That means they cannot:

• Raise your insurance rates
• Add a surcharge
• Cancel your policy
• Refuse to renew your policy
• Deny you a new policy
• Use that accident to increase your premium

What Happens if an Insurance Company Raises My Rates if I Was Not at Fault for an Accident?

 Under La. R.S. 22:1284, if an insurance company illegally raises your rate or penalizes you because of a nonfault accident, they must: 

1. Refund the extra premium you were charged
2. Pay a penalty equal to three times the refund amount OR $1,000 — whichever is greater
3. Pay your attorney’s fees if you win the case

This is a strong consumer protection law.

What if I Was Hit While Walking or on My Bike?

Uninsured or underinsured motorist coverage on your auto insurance policy does not just apply to car accidents. It covers you as a person and can provide coverage in various circumstances. It can provide coverage to you if you are walking and are hit by a vehicle. It can provide coverage to you if you are riding a bike and are hit by a vehicle. In addition, UM/UIM coverage provides coverage to you if you are a passenger in someone else’s vehicle. 

UM/UIM coverage is a contract between you and your insurance company and various additional terms can apply. 

How Long After an Accident Do You Have to Bring an Uninsured or Underinsured Motorist Coverage Claim?

Under Louisiana law, you generally have two (2) years from the date of an accident or injury to bring an UM/UIM coverage claim. However, each policy is different, and it is best to notify your insurance company as soon as possible of any potential UM/UIM claim, as some policies contain provisions requiring early notice. Policies issued in other states may also have different and unique terms. 

Why You Should Carry Uninsured and Underinsured Motorist Coverage in Louisiana:

Not every driver on Louisiana roads carries enough insurance and some carry none at all. If you are seriously injured and the at-fault driver has only minimum limits — or no coverage — your recovery may be capped at a number that doesn’t begin to cover surgeries, therapy, lost income, or long-term care. Uninsured and underinsured motorist coverage protects you and your family in those moments. Generally speaking, uninsured and underinsured motorist coverage is often less expensive than liability coverage and can be affordable when added to an auto policy. 

Many people don’t realize that Louisiana minimum liability limits are often far too low for serious injuries. The minimum bodily injury limits in Louisiana are $15,000.00 per person and $30,000 per accident. The minimum property damage limits in Louisiana are $25,000 per accident. For many of my clients, this is simply not enough coverage for their personal injuries and property damage and they are looking for more protection. In serious injury cases, UM/UIM coverage is often the difference between partial recovery and full financial protection. 

Is All Uninsured and Underinsured Motorist Coverage the Same?

No. All uninsured and underinsured motorist coverage is not the same. Some insurance companies sell UMEO which is coverage only for economic damages only. In my opinion, this is not a great product because you cannot claim your pain and suffering under a UMEO policy only. To claim pain and suffering you need UMBI coverage, which stands for underinsured motorist coverage for bodily injuries. 

What Happens When You Make a UM/Uim Claim Against Your Own Insurance Company?

Many people are surprised to learn that when you bring a UM/UIM claim, you are technically making a claim against your own insurance company. Although the policy is designed to protect you, insurance companies still evaluate UM claims carefully — and sometimes aggressively. They may:

• Request recorded statements
• Review extensive medical records
  Question the necessity of treatment
  Dispute the value of pain and suffering
  Argue comparative fault

A UM/UIM claim is a contractual claim. That means the terms of the policy matter. Coverage limits, stacking provisions, notification requirements, and exclusions can all affect recovery. In serious injury cases, it is important to approach a UM/UIM claim with the same preparation and documentation you would use against an at-fault driver’s insurer.

At Salter Law, we analyze the full insurance policy, identify all available coverage, and build a carefully documented claim designed to maximize recovery — whether the insurer is the at-fault driver’s carrier or your own. UM/UIM coverage exists to protect you. Ensuring it functions as intended requires strategy and precision.

Contact Salter Law to Discuss Your Uninsured and Underinsured Motorist Coverage Claim

Do you have a question about what your auto insurance policy covers or are you considering making an uninsured and underinsured motorist coverage claim? Contact Salter Law now for a free consultation. Insurance coverage and insurance questions can be tricky, we are here to help.