Can I file a claim for injuries against my own automobile insurance company?

The simple answer is YES, but you have to have an additional policy called Uninsured Motorist (UM) and Under-Insured Motorist (UIM) in order for you to make that claim. In Louisiana these two types of insurance coverage are interchangeable and are consider as one for purposes of providing protection to you.  For example, if you were injured in a car wreck that was not your fault, and the other driver does not have any insurance or has very little insurance to cover your damages, then your UM/UIM coverage comes into play. There are Louisiana laws that protect you as the consumer from being punished for making such a claim against your insurance company. There are also laws that protect you if your insurance agent did not offer this type of policy to you and/or if you didn't sign a waiver or rejection of this coverage at the time you applied for insurance. If you have a UM/UIM claim, your insurance company must treat you fairly and in most cases must pay your damages within 30 to 60 days after all of the information regarding your injuries has been provided to them. Uninsured motorist coverage is very important in Louisiana due to the amount of people that are currently driving without motor vehicle insurance. According to recent research, one out of eight drivers are not insured in the United States. In Louisiana those figures are higher and, according to the Louisiana Department of Insurance, 15% of Louisiana drivers operate their vehicles without insurance. UM/UIM policies are not as expensive as you may think. On average, the cost for this type of coverage is approximately 15-20% of your total premium. Ask your insurance agent about uninsured motorist coverage even if you have had your policy for many years, you'll be glad that you did.

The Law Offices of Luis Espinel handles all types of personal injury cases including UM/UIM claims. Call us today for a free consultation. (504) 667-5LAW (5529)