Do I Need to Have Underinsured or Uninsured Motorist Coverage in Louisiana?

You didn’t cause the car crash, but now you’re the one getting buried in bills.

In Louisiana, the law only requires drivers to carry $15,000 in liability coverage per person. That doesn’t even cover an ambulance ride and an ER visit—let alone surgery, rehab, or weeks off work. And if the at-fault driver doesn’t have any insurance or is underinsured?

Sure, your health insurance might cover a few hospital charges, but it won’t replace your income or pay for the pain you’re still dealing with. And while the other driver gets to walk away, you’re the one left paying for their bad decision.

That’s why underinsured and uninsured motorist coverage in Louisiana matters. It’s not required by law. But without it, you could be left with nothing but unpaid bills and no legal path forward.

This blog breaks down what UM/UIM coverage actually does, how Louisiana law treats it now, and why not having it could cost you more than you think.

What Is Uninsured (UM) and Underinsured Motorist (UIM) Coverage?

What Louisiana Drivers Must Carry

Before we get into what UM/UIM coverage does, here’s what Louisiana law requires every driver to carry:

• $15,000 for bodily injury per person
• $30,000 total for bodily injury per accident
• $25,000 for property damage

These minimums only protect other people if you cause a crash. They won’t pay for your injuries if someone hits you.

How UM/UIM Coverage Protects You

That’s where uninsured and underinsured motorist coverage comes in.

• Uninsured motorist coverage protects you when the at-fault driver has no insurance at all.
• Underinsured motorist coverage applies when the other driver’s policy isn’t enough to cover your medical bills, lost income, or other damages.

Together, these coverages help safeguard you from the financial burden of someone else’s negligence.

How the Law Handles UM/UIM Coverage in Louisiana

Uninsured and underinsured motorist coverage is optional in Louisiana, but that doesn’t mean your policy starts off without it.

State law requires every auto insurer to offer UM/UIM coverage in writing using a form prescribed by the Louisiana Insurance Commissioner. If you don’t want the coverage, you must reject or reduce it by completing that form. If the form is missing, filled out incorrectly, or doesn’t meet the legal requirements, your policy automatically includes full UM/UIM coverage at the same limits as your bodily injury liability coverage.

As of April 1, 2025, Act 770 requires all new auto insurance policies to use a standardized state-approved selection form. That form must clearly show whether you accept, reject, or choose lower UM/UIM limits. If your insurer fails to use the correct form—or gets it wrong—the law protects you by treating the coverage as if you have it.

In a state where too many drivers carry bare-minimum policies or none at all, having that automatic fallback isn’t a bad thing. It may be your only protection after a serious crash.

Who UM/UIM Coverage Protects (Even When You’re Not Driving)

Did you know that UM/UIM coverage in Louisiana is designed to protect people, not just cars? Depending on your policy, coverage can extend even when you’re not behind the wheel. For example, you may be covered if:

• You were a pedestrian hit by a vehicle
• You were a passenger in someone else’s car
• You live in the same household as the policyholder
• You were a cyclist hit by a vehicle
• You were injured in a hit-and-run accident
• You were a passenger in a rideshare or public transport vehicle

Whether coverage applies depends on the policy language, and your insurance company will look for reasons to say it doesn’t. You’ll need a New Orleans personal injury lawyer who knows how to interpret the fine print, challenge denials, and demand full use of the coverage available to you.

What Your Uninsured and Underinsured Motorist Coverage Can Pay For

With UM or UIM coverage in Louisiana, your own policy may cover losses that aren’t paid by the at-fault driver’s insurance. This includes:

• Emergency room care and surgeries
• Follow-up treatment like physical therapy or rehab
• Lost income and reduced future earnings
• Pain and suffering (unless you selected economic-only coverage)
• Funeral expenses
• Vehicle damage, but only if your policy includes uninsured motorist property damage (UMPD) and you don’t already have collision coverage. UMPD typically comes with a $250 deductible and caps at $25,000 or the actual cash value of the vehicle, whichever is less.

Important note: Some drivers choose UM/UIM economic-only coverage, which limits payouts to actual costs like medical bills and lost income. That version does not cover pain and suffering or other non-economic losses.

Standard UM/UIM bodily injury coverage, on the other hand, is broader and designed to protect you, not the at-fault driver, when their policy falls short or doesn’t exist at all.

Common Tactics Insurance Companies Use to Deny UM/UIM Claims

Just because it’s your policy doesn’t mean your insurance company is on your side. When you file a UM/UIM claim, your insurer may act more like an adversary than an advocate.

Here’s how insurers often fight UM/UIM claims:

• Blaming you for the accident—or arguing you share fault to reduce the payout
• Questioning your injuries, claiming they were pre-existing or not serious
• Delaying the process by demanding unnecessary documents or “additional proof”
• Challenging your medical care, especially if you didn’t seek treatment immediately
• Pressuring you to give a statement that could hurt your claim later

These aren’t technicalities. They’re tactics used to protect the company’s bottom line. If you’ve been hurt and the other driver doesn’t have insurance or doesn’t have enough, the last thing you need is your own insurer throwing up roadblocks.

This is where hiring the right New Orleans car wreck attorney matters. At RUDIN LAW, we’ve seen these games. And we don’t let them slide.

Do You Have a Valid Claim?

Insurance companies know how to fight UM/UIM claims, and if your claim isn’t solid from the start, they’ll look for every excuse to shut it down.

To access this coverage, you’ll need to prove:

• The other driver caused the crash
• Your injuries are real, documented, and directly tied to the accident

Police reports, medical records, imaging, witness statements, and property damage photos all matter.

And now, thanks to Louisiana’s 2025 tort reform, the legal standard just got tougher:

• Comparative fault is changing. Right now, you can still recover compensation even if you were partly at fault. But starting January 1, 2026, if you’re found 51% or more at fault, you’ll recover nothing.
• Housley presumption repeal (effective May 28, 2025): Previously, courts assumed your injuries were caused by the crash unless there was evidence to the contrary. That’s gone. Now, you’ll need affirmative medical evidence—things like diagnostics, treatment records, and doctor testimony linking your injuries directly to the accident. (This change only applies to accidents that happened on or after May 28, 2025.)

If your case isn’t strong, the insurer will look for any excuse to deny your claim before real negotiations even begin.

Why You Need a New Orleans Auto Accident Attorney Who’s Ready to GET RUDE®

When you file a UM or UIM claim, fault still matters. And with Louisiana’s fault rules changing soon, insurance companies will seize any chance to downplay your injuries or pin blame on you. If they think you don’t understand how fault affects your payout, they’ll use it to cut your claim or deny it outright.

At RUDIN LAW, we follow the R-U-D-E Method. We don’t let insurance companies control the conversation. We build pressure. We demand results. And we make sure they know you’re not going away quietly.

Hit by an Uninsured Driver? Stop Being Polite®. GET RUDE®.

You didn’t cause the crash, and you shouldn’t be punished because the other driver didn’t carry enough insurance. Now you’re dealing with the fallout: injuries, medical bills, lost income—and an insurance company that’s trying to protect its bottom line.

At RUDIN LAW, we don’t let insurers twist your words, delay your claim, or pretend your coverage doesn’t apply. We know how fast these cases get denied when no one pushes back. That’s why our legal team moves fast, builds pressure, and demands accountability.

And there’s no fee unless we win. That’s our promise. You don’t pay a dime unless we recover compensation for you.

If you were seriously hurt in a New Orleans crash and the other driver couldn’t cover the damage, call RUDIN LAW at (504) 500-5504(504) 500-5504 for your FREE case review. Prefer online? Fill out our confidential form and we’ll get to work.

Get Hurt? Get Help. Time to STOP BEING POLITE® and…GET RUDE® with RUDIN LAW.

Copyright © 2025. RUDIN LAW. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

RUDIN LAW
5500 Prytania St. #404
New Orleans, LA 70115
(504) 500-5504(504) 500-5504
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