Apopka, FL asked in Car Accidents for Louisiana

Q: How to I petition for compensation after a car accident?

Four days after I leased a car, a driver with a suspended license and no insurance rear ended me and totaled my vehicle. I had full coverage and GAP insurance, but not uninsured motorist insurance. Is it possible to get reimbursed for all the costs that were only incurred because of the accident? (IE- rental car, a pay day loan I had to take out to afford the rental, lost wages, etc.)

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3 Lawyer Answers
Joseph A. Interiano
Joseph A. Interiano
Answered
  • Personal Injury Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: Typically, if the other driver was uninsured and you did not have uninsured motorist coverage, then you cannot recover for the damages in the accident. Since you have full coverage, then you can recover the damages to your vehicle under your insurance policy's collision coverage. However, since you do not have uninsured motorist coverage, you won't be able to recover for the other economic and general damages.

Nevertheless, in some states, the insurers are required to have you reject uninsured motorist coverage so if the insurance company cannot show that you rejected uninsured motorist coverage, then you will be afforded coverage up to your liability limits coverage. I would recommend that you schedule a consultation with an attorney in the State where the accident occurred to investigate the matter to determine whether there may be coverage.

Randy Bryan Ligh and Tim Akpinar agree with this answer

Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV

A: Insurance other than UM would cover some of those losses if you have it.

You can sue the at-fault driver personally.

Randy Bryan Ligh and Tim Akpinar agree with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: At least the comprehensive should cover the collision damages. You could try to set up free initial consult with an attorney to discuss options for the other damages - pursuing damages yourself or with an attorney (depending on amount, small claims or other courts). Good luck

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