What if the other driver has no insurance in Louisiana?
Louisiana has one of the highest uninsured driver rates in the country. If the driver who hit you has no insurance or not enough insurance, your own Uninsured/Underinsured Motorist (UM/UIM) coverage is your primary protection. Louisiana law requires every auto policy to include UM/UIM coverage unless you explicitly rejected it in writing on the specific form prescribed by LA R.S. 22:1295. Most Louisiana drivers have it, even if they do not realize it. Dudley DeBosier has recovered over $1.2 billion for 58,000+ injury victims. Call (866) 271-5909 for a free consultation.
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.
2. Louisiana mandatory coverage amounts
Bodily injury liability
Property damage liability
UM/UIM (if not rejected)
3. How UM/UIM coverage works
At-fault driver has no insurance at all
At-fault driver has insurance but not enough
Hit-and-run (driver unknown)
4. What if you rejected UM/UIM coverage?
If you signed a written rejection of UM/UIM coverage, your options after an accident with an uninsured driver are limited.
Sue the uninsured driver personally. — You can file a lawsuit, but collecting a judgment from someone who could not afford car insurance is often impractical. Many uninsured drivers have limited assets, making the judgment uncollectible.
Use your MedPay. — If your policy includes Medical Payments coverage, it pays your medical bills regardless of fault. But typical MedPay limits are only $5,000 to $25,000.
Use your health insurance. — Your regular health insurance can cover accident-related medical treatment.
Check for other coverage. — If you were a passenger, the vehicle owner's UM/UIM coverage may apply. If the accident happened at work, workers' compensation may apply.
5. Challenge the rejection
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:
In writing on the specific form prescribed by LA R.S. 22:1295(1)(a)(ii)
Signed by the named insured (not an agent, broker, or family member)
Presented at the time the policy is issued
A new rejection form is required only when a new policy is issued. Under LA R.S. 22:1295(1)(a)(ii), the original rejection remains valid for the life of the policy and for renewals, reinstatements, substitute policies, or amended policies issued by the same insurer (or an affiliate) to the same named insured — those do not require a new form.
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 $1.2 billion — they know how to challenge invalid rejections.
6. Stacking UM/UIM coverage
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).
7. UM/UIM claims are adversarial
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.
8. Suing an uninsured driver personally — practical steps and collection
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.
Investigate assets before filing. — A judgment is only worth what you can collect. Check: real property (parish assessor's records), business interests (LA Secretary of State business filings), vehicles, bank accounts (subpoena-able post-judgment). If the at-fault driver is truly judgment-proof, the cost of litigation may exceed any recovery.
Check for a household policy. — Even if the driver is uninsured, a relative's auto policy may cover them as a permissive user. Or the vehicle they were driving may have its own policy. Discover this through subpoenaed records and depositions.
Sue within the prescription period. — Currently 2 years from the accident under La. Civ. Code Art. 3493.1 (for delicts arising on/after July 1, 2024) — see filing deadline page.
Default judgment if no answer. — Most uninsured defendants ignore the lawsuit. After proper service and the statutory waiting period, you can obtain a default judgment — usually 4-8 months from filing.
Post-judgment collection tools: — wage garnishment (capped at 25% of disposable earnings under La. R.S. 13:3881), bank account seizure (writ of fieri facias), property liens that follow the title, judicial mortgage on real property.
Judgment expires after 10 years — (La. Civ. Code Art. 3501) but can be revived. Long-term collection plays are realistic if the defendant has employment or assets in their future.
9. Claim against the estate of a deceased uninsured driver
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.
Find out if a succession has been opened. — Parish clerk of court records (where the decedent lived) will show whether a succession proceeding is filed.
If yes: — file a formal claim with the succession representative (executor, administrator, or independent administrator). The claim must be in writing and include supporting documentation (police report, repair estimates, medical bills, demand letter). Louisiana succession law (La. C.C.P. Art. 3241-3249) governs the procedure.
If no succession is open: — you can request that one be opened by filing a petition. As a creditor of the decedent, you have standing to do this under La. C.C.P. Art. 3092.
Deadlines: — succession claims should be filed promptly. While there is no single bright-line deadline parallel to ordinary prescription, succession representatives may seek to close the estate quickly. Filing within 6 months of opening is the safer practice.
If the estate is insolvent: — succession assets are divided among creditors by priority. PI/tort claims are unsecured creditors and may receive cents on the dollar or nothing. You can still sue the deceased's auto liability insurer directly under R.S. 22:1269 — see direct action page — if any liability coverage existed.
Combined with direct action: — the cleanest path is to file the tort suit naming both the succession representative AND any known insurer. This preserves all paths even as succession proceedings unfold.
10. If YOU were uninsured at the time — No Pay No Play
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.
Applies whether or not you were at fault.
You can still recover damages above those thresholds — but those first dollars are gone.
Exceptions: if the at-fault driver was under the influence (DWI), was fleeing a felony, or was driving a stolen vehicle, the No Pay No Play bar does not apply.
The rule has been challenged constitutionally but has been upheld by Louisiana courts.
Health insurance still pays your medical bills — No Pay No Play does not affect health-insurance coverage.
If you regain insurance before the SOL runs, you do not retroactively cure the bar.
11. Free consultation
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 $1.2 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.
12. Evidence
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)