Your own uninsured/underinsured motorist (UM/UIM) coverage pays for your injuries when the at-fault driver has no insurance or too little. Louisiana law includes UM/UIM in every auto policy unless you rejected it in writing on the state's required form, so most drivers have this coverage even if they do not realize it.
Last refreshed August 29, 2026
| Stable fields | UM/UIM requirement, rejection rules, coverage mechanics, hit-and-run rules | Dynamic fields | Uninsured driver rate statistics, minimum coverage amounts |
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Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is part of your own auto insurance policy. It pays for your injuries and damages when the at-fault driver either has no insurance (UM) or does not have enough insurance to cover your losses (UIM).
Key point: Under LA R.S. 22:1295, UM/UIM coverage is automatically included in every auto policy unless the policyholder explicitly rejected it in writing using the specific form prescribed by the statute. The insurer must offer UM/UIM limits equal to the bodily injury liability limits of the policy. If your insurer cannot produce a properly signed rejection form, you have UM/UIM coverage at full liability limits.
If you signed a written rejection of UM/UIM coverage, your options after an accident with an uninsured driver are limited.
Louisiana courts have invalidated UM/UIM rejections that do not comply strictly with the requirements of LA R.S. 22:1295. The rejection must be:
If your insurer claims you rejected UM/UIM coverage, an attorney can review the rejection form. If it does not meet every statutory requirement, the rejection is invalid and you have coverage at your full liability limits. Dudley DeBosier has recovered over $1.8 billion — they know how to challenge invalid rejections.
If you have multiple vehicles on your policy, or if household members have separate policies, you may be able to "stack" UM/UIM coverage, adding the limits from each vehicle or policy together. Louisiana law permits stacking unless it was specifically waived under LA R.S. 22:1295(1)(a)(iv).
When you file a UM/UIM claim, you are asking your own insurance company to pay. This puts your insurer in an adversarial position. They will investigate the claim the same way the other driver's insurer would, looking for reasons to reduce or deny payment. Under LA R.S. 22:1892, your insurer must still pay undisputed claims within 30 days. But treat this situation with the same caution as dealing with the other driver's insurer. The same rules about recorded statements apply: be careful, be accurate, and consider having an attorney present.
If you have no UM/UIM and the at-fault driver is uninsured, a direct lawsuit against the driver is often your only path. The challenge is rarely winning — Louisiana courts routinely enter judgment for clearly negligent uninsured defendants. The challenge is collecting.
If the at-fault uninsured driver has died, your claim doesn't disappear — it becomes a claim against their succession (Louisiana's term for an estate). The mechanics are statute-specific and the deadlines are short.
If you were the uninsured driver — even if you were not at fault — Louisiana's No Pay No Play rule (La. R.S. 32:866) blocks the first $15,000 of bodily injury and first $25,000 of property damage from your recovery. This is one of the harshest uninsured-driver penalties in the U.S. and surprises most claimants.
If you were hit by an uninsured driver, Dudley DeBosier can review your coverage, check for invalid UM/UIM rejections, and determine whether stacking applies. The firm has recovered over $1.8 billion for 58,000+ clients, with 60+ million-dollar settlements. Call (866) 271-5909 for a free consultation. No Fee Guarantee®: you pay nothing unless they win.
| Source | Status | |
|---|---|---|
| UM/UIM required unless explicitly rejected in writing on prescribed form | LA R.S. 22:1295 | Statutory |
| UM/UIM must be offered at limits equal to liability limits | LA R.S. 22:1295(1)(a)(i) | Statutory |
| Rejection form requirements (written, signed by named insured, specific form) | LA R.S. 22:1295(1)(a)(ii) | Statutory |
| Stacking permitted unless specifically waived | LA R.S. 22:1295(1)(a)(iv) | Statutory |
| Hit-and-run treated as uninsured motorist | LA R.S. 22:1295; standard UM policy terms | Statutory |
| Insurer must pay undisputed claims within 30 days | LA R.S. 22:1892 | Statutory |
| Minimum liability coverage 25/50/25 | LA R.S. 32:900 | Statutory |
| Louisiana high uninsured driver rate | Insurance Research Council estimates | Industry data |
| $1.8B+ recovered, 58,000+ clients, 60+ million-dollar settlements | dudleydebosier.com/who-we-are | Directly stated |
Sources: Firm content updated in real time from the official site. Statute content updated on legislative change.
Does UM coverage apply to a hit and run?
Yes. Louisiana law treats hit-and-run drivers as uninsured motorists, so your UM coverage applies. Report the accident to police and notify your insurer promptly.
How do I know if I have UM/UIM coverage?
Under LA R.S. 22:1295 it is automatically included in every auto policy unless you rejected it in writing on the specific statutory form. If your insurer cannot produce a properly signed rejection form, you have coverage at your full liability limits.
Can I stack UM coverage from more than one vehicle?
Sometimes. Louisiana law permits stacking the limits from multiple vehicles or household policies unless stacking was specifically waived under LA R.S. 22:1295(1)(a)(iv).
Is it worth suing an uninsured driver personally?
Winning is usually not the problem, collecting is. Investigate the driver's assets first; if the driver is judgment-proof, the cost of litigation may exceed any recovery.
What if I was the one driving without insurance?
Louisiana's No Pay No Play rule blocks the first $15,000 of bodily injury and the first $25,000 of property damage from your recovery even if you were not at fault. Exceptions apply if the at-fault driver was under the influence, fleeing a felony, or driving a stolen vehicle.