Uninsured/Underinsured Motorist Complaint - Louisiana

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith / Statutory Penalties
9. Damages
10. Stacking Allegations
11. Prayer for Relief

Caption

[JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT

PARISH OF [PARISH NAME], LOUISIANA

Parties

1. Petitioner [PLAINTIFF FULL NAME] ("Petitioner") is a person of the full age of majority, domiciled in [CITY], [PARISH] Parish, Louisiana, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is a foreign/domestic insurance corporation authorized to transact business in the State of Louisiana, with its principal place of business at [INSURER ADDRESS], which may be served through the Louisiana Secretary of State or its registered agent.

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Petitioner's damages].

Jurisdiction and Venue

4. This district court has original jurisdiction over this civil action under La. Const. art. V, § 16(A)(1).

5. Venue is proper in [PARISH] Parish under [APPLICABLE VENUE ARTICLE] because [STATE THE FACTS SUPPORTING VENUE FOR EACH CLAIM AND DEFENDANT].

6. Petitioner seeks damages reasonable in the premises, subject to La. C.C.P. art. 893.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Petitioner was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [PARISH] Parish, Louisiana.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Petitioner's vehicle.

9. The Uninsured/Underinsured Motorist was at fault due to the following acts of negligence:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Violation of La. R.S. 32:[SPECIFIC TRAFFIC STATUTE]
☐ Other: [________________________________]

10. As a direct and proximate result of the collision, Petitioner sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

11. At the time of the accident, Petitioner was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured/underinsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. Petitioner [☐ did not reject UM coverage / ☐ selected UM coverage at limits lower than liability limits / ☐ selected economic-only UM coverage] pursuant to La. R.S. 22:1295(1)(a)(ii).

14. Petitioner has paid all premiums due under the Policy and has complied with all conditions precedent.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

15. The at-fault motorist was uninsured at the time of the accident within the meaning of La. R.S. 22:1295, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer is insolvent / ☐ the at-fault motorist's insurer has denied coverage].

☐ Underinsured Motorist (UIM) Claim:

16. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Petitioner for the full extent of damages sustained.

17. Petitioner has received $[AMOUNT, IF ANY] from or on behalf of the at-fault motorist through [SETTLEMENT / JUDGMENT / NO PAYMENT TO DATE].

18. [IF A PROPOSED SETTLEMENT EXISTS AND THE POLICY REQUIRES NOTICE: Petitioner provided Defendant Insurer the notice required by [IDENTIFY POLICY PROVISION] on [DATE].]

First Cause of Action

Breach of Contract (UM/UIM Benefits)

19. Petitioner incorporates by reference all preceding paragraphs.

20. The Policy constitutes a valid and enforceable contract between Petitioner and Defendant Insurer.

21. Petitioner has performed all conditions required under the Policy.

22. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Petitioner, despite Petitioner's timely demand and submission of proof of loss.

23. As a direct result of Defendant Insurer's breach, Petitioner has sustained damages in an amount to be proven at trial and requests the UM/UIM benefits owed under the Policy. Petitioner alleges generally that the claim [exceeds / does not exceed] the amount required for [the requested court's jurisdiction / a jury trial], if that allegation is needed.

Second Cause of Action

Bad Faith / Statutory Penalties (La. R.S. 22:1892; former § 22:1973 repealed eff. 7/1/2024)

24. Petitioner incorporates by reference all preceding paragraphs.

25. Petitioner made written demand upon Defendant Insurer for payment of the UM/UIM claim on or about [DATE OF DEMAND].

26. More than thirty (30) days have elapsed since receipt of satisfactory proof of loss, and Defendant Insurer has failed to tender payment without just cause.

27. Defendant Insurer's failure to timely pay constitutes a violation of La. R.S. 22:1892, entitling Petitioner to a penalty of fifty percent (50%) of the amount due, or $1,000, whichever is greater, plus reasonable attorney's fees and costs.

28. Defendant Insurer's conduct further constitutes a breach of the insurer good-faith and fair-dealing duty under La. R.S. 22:1892(I), entitling Petitioner, if the statutory elements are proven, to proven economic damages and the non-immovable-claim penalty, attorney fees, and costs authorized by that subsection. Act 932 of 2026 is scheduled to amend § 22:1892(I) effective August 1, 2026 and restrict Subsection I causes of action for personal- or bodily-injury claims in specified circumstances; counsel must apply the version governing the claim and alleged conduct. Any alternative reliance on former § 22:1973 requires claim-specific retroactivity analysis.

29. Defendant Insurer's bad faith conduct includes:

☐ Unreasonably delaying investigation of the claim
☐ Failing to make a reasonable offer within the statutory period
☐ Denying benefits without reasonable basis
☐ Misrepresenting coverage terms or policy provisions
☐ Compelling Petitioner to initiate litigation to recover amounts due
☐ Other: [________________________________]

Damages

30. As a result of the accident and Defendant Insurer's breaches, Petitioner has suffered and continues to suffer the following damages:

☐ Past medical expenses
☐ Future medical expenses
☐ Past lost wages/earnings
☐ Future lost wages/earning capacity
☐ Physical pain and suffering (past and future)
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Scarring and disfigurement
☐ Loss of consortium (if applicable)
☐ Property damage (UMPD, if applicable)
☐ Statutory penalties under La. R.S. 22:1892(B) (50% or $1,000, whichever is greater) and/or § 1892(I) (consolidated good-faith duty, post-7/1/2024: proven economic damages plus 50% or $5,000, whichever is greater) or, for pre-7/1/2024 losses, former § 22:1973 (up to twice damages or $5,000, whichever is greater)
☐ Reasonable attorney's fees and costs
☐ Legal interest from date of judicial demand

Stacking Allegations

31. ☐ Non-owned-vehicle excess coverage, if applicable: At the time of injury, Petitioner occupied a vehicle not owned by Petitioner, a resident spouse, or a resident relative. The UM coverage on that vehicle is primary. If it is exhausted by the extent of damages, Petitioner seeks excess coverage under one other available UM policy, as allowed by La. R.S. 22:1295(1)(c). Identify the primary policy, its exhaustion, and the one excess policy: [________________________________].

32. ☐ No additional UM policy applies: Petitioner relies on the applicable UM coverage identified above and does not seek an increase merely because the Policy covers multiple vehicles or because another UM policy exists. La. R.S. 22:1295(1)(c).

Prayer for Relief

WHEREFORE, Petitioner prays that after due proceedings, judgment be rendered in favor of Petitioner and against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For statutory penalties under La. R.S. 22:1892 (50% penalty or $1,000, whichever is greater);
4. For statutory penalties under La. R.S. 22:1892(I) (consolidated good-faith duty, post-7/1/2024: proven economic damages plus 50% of damages sustained or $5,000, whichever is greater) or, in the alternative for losses pre-dating July 1, 2024, former La. R.S. 22:1973 (up to twice damages sustained or $5,000, whichever is greater);
5. For reasonable attorney's fees;
6. For legal interest from date of judicial demand;
7. For all costs of these proceedings; and
8. For such other and further relief as this Court deems just and equitable.

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], La. Bar Roll No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Louisiana [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Petitioner

State-Specific Notes — Louisiana

Sources and References

• La. R.S. 22:1295 — Louisiana Legislature
• La. R.S. 22:1892 — Louisiana Legislature
• 2026 La. Act 932 — Louisiana Legislature
• La. R.S. 22:1295 — FindLaw
• Louisiana UM/UIM Overview — AKD Law