Does Louisiana follow a no-fault or at-fault system when it comes to issues of liability and insurance coverage after an auto accident?
Every state in the United States has specific laws and regulations in place regarding auto insurance requirements. Those laws and regulations generally fit into two main categories: no-fault and at-fault. Louisiana falls into the most common category, at-fault, along with 38 other states.
What does at-fault mean?
In issues of liability and insurance coverage, an at-fault system means that a driver who is determined to be legally at-fault for causing an auto accident is liable for any personal injury or property damage resulting from the accident.
In other words, if you caused the accident, you’ll have to pay for damages through your insurance provider. On the other hand, if an at-fault driver injures you in an auto accident, you have a few different options for how to proceed:
- You can file a claim with your insurance provider.
- You can file a claim with the other driver’s insurance provider.
- You can file a personal injury lawsuit.
What if the driver who caused the accident doesn’t have insurance?
Every car insurance policy sold in Louisiana is required by law to include uninsured/underinsured motorist coverage (UIM), although you do have the option to waive this type of coverage by writing if you choose.
UIM coverage is intended to protect you if the at-fault driver who injures you either has no car insurance or doesn’t have enough coverage to pay for the damages caused by the accident. This is often the case when the at-fault driver has elected to purchase the state minimum for liability coverage.