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Louisiana UM Claims are Subject to a 2 year Prescription

Louisiana Revised Statute 9:5639 provides that actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to UM provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained.

A timely filed suit against the tortfeasor interrupts prescription against the UM insurer because they are solidary obligors. Hoefly v. Government Employees Ins. Co., 418 So.2d 575 (La.1982).

A liability insurer and a UM insurer are not solidary obligors, so suit against the liability insurer does not interrupt prescription against the UM insurer. Rizer v. American Sur. & Fid. Ins. Co., 669 So.2d 387 (La.1996).

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