Hit-and-runs. The driver is gone. You’re hurt, your car is damaged, and you have no name, no plate, nothing. It feels like a dead end. It isn’t. Louisiana gives hit-and-run victims real options, but the window to protect those options closes fast. Cueria Law Injury Lawyers has helped New Orleans accident victims recover compensation even when the at-fault driver was never found. Call (504) 525-5211 to start your free consultation, available 24/7.
Your Own Insurance Policy Is Likely Your First Source of Recovery
This surprises a lot of people. When a hit-and-run driver can’t be identified, you don’t have to sue a ghost. Louisiana law requires every auto insurer to offer uninsured motorist coverage, commonly called UM coverage, and it applies directly to hit-and-run crashes where the at-fault driver flees and is never identified.
UM coverage sits in your own policy. When a driver hits you and runs, your insurer steps into the shoes of that at-fault driver and compensates you for your losses. That includes medical expenses, lost wages, pain and suffering, and in some policies, vehicle damage through uninsured motorist property damage coverage.
Here is the critical detail: UM coverage is not optional in Louisiana the way most people assume. State law requires every insurer to offer it, and unless you specifically rejected it in writing on a state-approved form, your policy likely includes it. As of April 1, 2025, Act 770 requires all new auto policies to use a standardized state-approved selection form. If your insurer did not use the correct form, the law treats you as having full UM coverage at the same limits as your bodily injury liability coverage, even if you never requested it.
Check your policy. If there is any question about whether UM coverage applies, an attorney can pull the policy language and determine your actual coverage before your insurer has a chance to deny the claim.
What to Do at the Scene and in the Hours After
The actions you take in the first hour shape everything that comes after. If you are physically able, do these things before you leave the scene:
- Call 911 and wait for police. A formal NOPD report is essential for a UM claim. Insurers routinely deny hit-and-run claims when no police report exists, arguing there is no proof the crash happened the way you described.
- Write down or photograph anything you noticed about the other vehicle: color, make, partial plate, damage, direction of travel. Even a fragment of a plate number can help investigators.
- Look for witnesses. Bystanders, people from nearby businesses, anyone who saw what happened. Get their names and phone numbers before they walk away.
- Photograph the scene thoroughly: your vehicle damage, the road, any debris, skid marks, and your injuries. Time-stamped photos establish location and impact.
- Check for cameras. Gas stations, ATMs, traffic lights, and businesses near the crash often have surveillance footage. That footage is typically overwritten within 24 to 72 hours. An attorney can send a preservation letter immediately to secure it.
After leaving the scene, get medical attention even if you feel okay. Adrenaline masks pain. Soft tissue injuries, concussions, and internal trauma often don’t fully present until hours or days later. A gap between the crash and your first medical visit gives insurers room to argue your injuries weren’t related.
“Always kept me updated — amazing customer service, friendly staff. Soon as you walk in the office they greet you and offer drinks. I got treated like family.” — Jarviante Melton, Google Review
What Happens If the Hit-and-Run Driver Is Eventually Identified
Hit-and-run drivers in New Orleans are caught more often than people expect. Surveillance cameras are widespread in the city, and NOPD has tools to track down vehicles from partial plate numbers, make and model descriptions, and paint transfer evidence from the crash.
If the driver is identified after the fact, your options expand significantly. You can pursue a claim directly against their liability insurance if they have it. If they don’t, you continue through your UM coverage but now have additional leverage. You can also support criminal prosecution under Louisiana Revised Statute 14:100, which makes hit-and-run driving a crime. When death or serious bodily injury results and the driver knew or should have known someone was hurt, the charge becomes a felony.
A criminal conviction doesn’t automatically win your civil case, but it creates a powerful record of fault. Evidence gathered in the criminal investigation, including witness statements and vehicle analysis, can feed directly into your civil claim. An attorney tracks both tracks and makes sure evidence from the criminal side gets preserved and used.
The “No Pay, No Play” Law and What It Means for You
Louisiana has a law called “No Pay, No Play,” codified under Louisiana Revised Statute 32:866, which limits the ability of uninsured drivers to recover damages even when they were not at fault. If you were driving without insurance at the time of the hit-and-run, this law directly affects your claim.
Under amendments effective August 1, 2025, uninsured drivers are now barred from recovering the first $100,000 in bodily injury damages and the first $100,000 in property damage from the at-fault party. Before August 2025, those thresholds were $15,000 and $25,000, so the stakes of driving uninsured increased sharply.
There are exceptions. If the hit-and-run driver is convicted of a felony, or if your vehicle was lawfully parked at the time of the collision, the restrictions may not apply. An attorney can evaluate whether an exception fits your situation. If you did have insurance, this law does not affect you at all.
“Great communication from the beginning of the process to the very end. From Mr. Cueria to the staff at the office, top notch service and would recommend to anyone.” — Tre Spencer, Google Review
Why New Orleans Hit-and-Run Victims Choose Cueria Law
Brent Cueria founded Cueria Law in 1993 after years on the insurance defense side of personal injury litigation. He has spent over 30 years fighting for injured people in New Orleans and across Louisiana, including victims in cases where the at-fault driver was uninsured, underinsured, or never found.
Cueria Law holds a 4.9-star rating across more than 130 client reviews. Mr. Cueria is a member of the Million Dollar Advocates Forum, recognizing attorneys who have won settlements or verdicts exceeding $1 million, and has been repeatedly selected to the Super Lawyers list, placing him among the top 5% of attorneys in Louisiana. The firm is BBB Accredited.
Cases are handled on a contingency fee basis. You pay nothing unless the firm wins your case. Call (504) 525-5211 to start your free consultation.
Meet the Attorney Who Will Handle Your Case
Brent Cueria, Founding Partner, earned his J.D. from Loyola University New Orleans School of Law in 1988. Before founding Cueria Law in 1993, he spent several years working on the defense side of personal injury cases, an experience that shapes how he anticipates and counters insurer tactics today. He is licensed before the Louisiana Supreme Court and handles car accidents, hit-and-run cases, maritime injury, wrongful death, and catastrophic injury cases statewide.
The firm is located at 650 Poydras Street, Suite 2740, in New Orleans. The team is available 24 hours a day, 7 days a week.
“He is always there to assist his clients. His staff is stellar.” — La Von Williams, Google Review
Hit-and-Run in New Orleans: Frequently Asked Questions
What if the hit-and-run driver is never found?
Your UM coverage is specifically designed for this situation. You file the claim with your own insurer, who steps in for the unidentified driver. You still have to prove the crash happened, which is why a police report and documented evidence from the scene matter so much.
What if I don’t have UM coverage?
Louisiana law required your insurer to offer it. If you are unsure whether you rejected it, an attorney can review your policy documents. If the rejection was not done on the correct state-approved form, you may have coverage you did not know about. If you genuinely have no UM coverage and the driver is never found, recovery becomes much harder, but other options like medical payments coverage may apply.
How long do I have to file a hit-and-run claim in Louisiana?
The statute of limitations for personal injury claims in Louisiana is generally one year from the date of the accident. For wrongful death, it is one year from the date of death. These deadlines apply whether the driver was found or not. Don’t wait.
Will filing a UM claim raise my insurance rates?
Louisiana law under R.S. 22:1284 prohibits insurers from raising rates, adding surcharges, or cancelling a policy solely because of a non-fault incident. A hit-and-run where you were not at fault falls into that protected category.
What if a witness saw the plate but police haven’t acted?
Your attorney can work independently to pursue the lead. Civil investigations don’t depend on criminal prosecution timelines. If there is identifying information, an attorney can engage investigators and send preservation letters to businesses with surveillance cameras while the trail is still fresh.
How much does it cost to hire Cueria Law?
There is no upfront cost. Cueria Law works on a contingency fee basis. You owe nothing unless the firm recovers compensation for you.
Hit by a Driver Who Fled? Here Is Your Next Step
The driver leaving doesn’t mean your case is over. Louisiana law gives you real options, but evidence disappears fast and deadlines are strict. At Cueria Law Injury Lawyers, your consultation is free and we only collect a fee if we win your case. Not sure where to start? Read our guide on how to find the right lawyer for your situation.
Call (504) 525-5211 any time, day or night, or visit cuerialawfirm.com to start your free consultation.
