After a serious crash, it is easy to look at the largest number on your insurance declarations page and assume that is the money available for your injuries. That number may be your liability limit, which addresses claims against you. Your uninsured and underinsured motorist coverage, usually called UM, may appear on a different line.
Start with the declarations page for the date of the crash. Then ask for the complete policy, endorsements, and UM selection or rejection form. Those documents answer different questions, and you need them together before accepting a coverage decision.
What the numbers on the page mean
Check the named insured, insured vehicles, and effective dates first. A renewal that arrived after the wreck may have different terms. If you were riding in someone else’s car or driving a vehicle for work, your own personal policy may be only part of the inquiry.
Next, separate the coverage entries:
- Bodily injury liability: coverage for qualifying injury claims against an insured person.
- UM bodily injury: potential coverage for your injuries when the responsible driver has no insurance or insufficient insurance, subject to the applicable law and policy.
- Medical payments: a separate benefit for covered medical expenses under its own terms and limit.
- Collision: coverage addressing damage to the insured vehicle. It is not a substitute for bodily injury UM.
Suppose the declarations show liability limits of $100,000/$300,000 and UM limits of $50,000/$100,000. For a policy using these split limits, the first number generally limits payment for one injured person; the second limits payment for all injured people in one accident. The UM line would therefore describe a $50,000 per-person limit and a $100,000 per-accident limit. Neither number promises that amount in a settlement. Coverage, fault, injuries, and competing claims still matter.
Ask the adjuster to identify the exact coverage and limit being discussed. “You have $100,000 in coverage” is not a sufficient explanation when the page lists several different benefits.
Why the UM form matters
For personal auto policies, Louisiana’s UM statute, R.S. 22:1295, generally requires bodily injury UM limits matching liability limits unless the named insured makes an effective rejection, lower-limit selection, or economic-only selection. Commercial policies have a separate statutory selection rule; do not apply the personal-policy default without checking the policy type.
If an insurer says you rejected UM, request the actual form and its date. Compare it with the application, declarations, renewals, and any later changes you requested. An earlier selection can remain effective through renewals, so the absence of a new form every year does not by itself establish coverage.
A missing entry on a signed form also does not automatically resolve the dispute. The current statute addresses signed but improperly completed forms and the insured’s intent. The form’s date, policy history, and applicable law need to be examined before drawing a conclusion.
If the documents say “economic-only,” ask what losses that selection excludes. This is different from standard UM that may include covered pain-and-suffering damages.
Ask about other policies before adding up limits
Make a list of the vehicle involved, its owner, who was driving, and any potentially relevant household or employer policies. An umbrella policy deserves a separate look too; its name does not tell you whether it provides UM coverage.
Having several declarations pages does not mean you can collect all of their limits. Louisiana restricts combining UM coverages, with a limited exception involving certain nonowned vehicles. Have the policies reviewed together.
There is another issue if an unknown driver forced you off the road without making contact: the statute contains an independent-and-disinterested-witness requirement for that type of bodily injury UM claim. Preserve witness information promptly. Our Baton Rouge hit-and-run guide discusses the distinction between contact and no-contact crashes.
Keep the claim moving while coverage is investigated
Notify potentially applicable insurers promptly and keep copies of what you send. Ask for any denial or limitation in writing, including the policy provisions and documents the insurer relies on. Continue collecting the crash report, witness information, treatment records, bills, and wage records. The broader uninsured-driver claim guide explains why proving the other driver’s fault and insurance status still matters.
Before signing a settlement release, have it checked against any remaining UM claim and reimbursement rights. A settlement with one insurer can raise questions that the declarations page does not answer.
R.S. 9:5629 provides a two-year prescription period, measured from the accident, for actions under UM provisions. Other claims and policy duties need their own deadline analysis. Do not assume an open claim or ongoing negotiations protect the right to sue.
Our Baton Rouge car accident practice handles the coverage questions that arise alongside serious injury claims. If you want help understanding the documents you have, contact Babcock Injury Lawyers or call (225) 500-5000. You do not need a complete insurance file before asking for help.
Editorial & Legal Accuracy Notice (Louisiana)
This article provides general Louisiana legal information, not advice about an individual case. Event dates, policy language, responsible parties, and the evidence may change the analysis.