Prescription on UM Claims

Prescription on actions for the recovery of damages sustained in automobile accidents brought pursuant to UM (uninsured/underinsured) provisions in automobile liability insurance policies is 2 years from the date of the accident in which the damages were sustained. La.R.S. 9:5639.

Timely suit against the tortfeasor interrupts prescription as to the UM insurer because the tortfeasor and UM insurer are solidarily liable. Hoefly v. Government Employees Ins. Co., 418 So.2d 575 (La.1982).

Timely suit against the tortfeasor’s liability insurer does not interrupt prescription as to the UM insurer because the liability insurer and the UM insurer are not solidarily liable. Rizer v. American Sur. & Fid. ins. Co., 669 So.2d 387 (La. 1996).

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