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A crash with a driver who carries no insurance, or far too little, leaves you covering medical bills and lost wages that someone else caused. You did nothing wrong, yet the bills still arrive, and your own insurance company is now the one deciding what you are owed.
Richard R. Kennedy has practiced law in Louisiana since 1965 and earned board certification in civil trial law from the National Board of Trial Advocacy in 1980. As a Law Offices of Richard R Kennedy attorney and a Lafayette uninsured and underinsured motorist claims lawyer, he has been admitted to practice before the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court.
Picture your claim handled the way your policy actually promised, with a fair number on the table instead of a lowball offer. Contact us for a free consultation.
Every UM/UIM claim starts the same way: the at-fault driver cannot fully pay for what they caused. The details, though, change what your own policy has to cover. We help people in these situations:
Each of these situations puts your own insurer in the position the at-fault driver’s insurer should have held, and your insurer does not always pay willingly.
Louisiana law requires most automobile liability policies to include uninsured motorist coverage unless the policyholder explicitly rejects it in writing. That means the coverage is probably already part of your policy, even if you never thought about it until now. Why does the clock matter so much here?
Louisiana law lets your policy set a deadline to sue your own insurer, and that deadline can be as short as two years from the date of the accident. Missing it could end your right to collect, no matter how strong your medical records look.
Insurers also know this deadline, and some insurers slow-walk negotiations, hoping it passes before you file suit. Waiting costs you leverage, not just time.
“I would like to highlight the excellent service provided by attorney Kennedy. I have required his services on two occasions, and both times I received outstanding attention, professionalism, and willingness to help.”
“Attorney Richard Kennedy III was incredibly knowledgeable and dedicated to my case… He fought tirelessly to achieve the best possible outcome. I highly recommend him to anyone needing legal assistance.”
“I highly recommend Richard Kennedy. He was honest, thorough, realistic and prompt while handling my case. His expertise helped me receive a great settlement.”
If your insurer will not offer a fair number, a lawsuit against your own insurer for UM/UIM benefits is usually filed in state court. The Fifteenth Judicial District Court has original jurisdiction over civil matters in Lafayette, Acadia, and Vermilion Parishes, and the Lafayette Parish Courthouse sits at 800 S. Buchanan St. in Lafayette.
Richard R. Kennedy has been admitted to the Louisiana State Bar since 1965 and to the U.S. District Courts for the Western, Middle, and Eastern Districts of Louisiana. That range of admissions matters when a UM claim involves an out-of-state insurer or crosses into federal court because of where a policy was issued.
Building a UM/UIM claim generally means gathering the police report, proving the other driver has no coverage or too little, and documenting the full extent of your medical treatment and lost income before your insurer is asked to pay.
No. A consultation about your claim costs nothing, and you lose nothing by finding out what your policy covers before a deadline limits your options.
A driver is underinsured when their liability coverage is less than the damages you suffered, as agreed by the insurers or decided by a court. Your UM coverage can then make up some or all of the difference, depending on your own policy limits.
Yes. Louisiana law allows injured drivers to pursue UM benefits after a hit-and-run, but you generally need independent, disinterested evidence that an unidentified or uninsured driver caused the crash, since there is no other driver’s insurer to point to.
Rate decisions vary by insurer and depend on fault findings in the underlying crash, not simply on the fact that you used coverage you already paid for. An insurer should not penalize you for a crash that was not your fault.
Your insurer has to evaluate your UM claim honestly once you provide proof of the other driver’s status, fault, and your damages. If the offer does not match your actual losses, you can push back or file suit before your deadline runs out.
Yes. The City Court of Lafayette hears civil claims $35,000. A smaller UM dispute may be eligible for city court. A dispute above that amount must be filed in the 15th Judicial District Court.
A partner at the firm since 2000, Richard Kennedy III utilizes over 20 years of elite legal experience to fight for pedestrian accident victims. A graduate of Loyola Law School, Richard has achieved significant victories in both state and federal courts. He provides the specialized knowledge necessary to handle complex pedestrian accident claims, crosswalk injury cases, and severe vehicle-pedestrian collisions across Louisiana.
You already pay for UM/UIM coverage. The only question left is whether your insurer pays what that coverage actually promises. Richard R. Kennedy has represented Louisiana clients since 1965 and holds board certification in civil trial law, experience that matters when an insurance company undervalues what you are owed.
Contact the Law Offices of Richard R Kennedy today and schedule a free consultation to find out what your policy covers before its deadline closes.
If you or a loved one has suffered a serious injury from a defective consumer good, a product liability attorney with the Law Offices of Richard R. Kennedy can help. Our team will review the details of your case and hold the responsible parties accountable for your injuries and losses.
Our law firm serves the greater Lafayette and New Iberia area, and offers complimentary initial consultations. You can discuss your case for free with a product liability lawyer familiar with federal statutes as well as Louisiana consumer protection laws. This insight can give you a better idea of your various legal options.
To learn more about product liability claims and your legal options, contact our law office online. You can also request a free case evaluation by phone.
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