When you suffer damages in a car accident due to the negligence of another party but you don’t have insurance, there is a chance you could recover damages from the at-fault party’s insurance company. However, certain stipulations apply. In Louisiana, the “No Pay, No Play” law applies to drivers who are not at fault in an accident but were driving without insurance.
In this situation, the other driver’s liability coverage cannot be applied to the first $15,000 of your injury costs or the first $25,000 of property damage costs. Being an uninsured motorist also exposes you to substantial fines and penalties. Learn more about the local laws, how they apply to your case, and what a Lafayette car accident lawyer can do to help.
What Is Louisiana’s No Pay, No Play Law?
RS § 32:866 explains Louisiana’s requirements surrounding motor vehicle liability insurance. It also outlines the state’s stance on failure to comply and the limitation of damages for uninsured motorists who sustain damage in a collision. Suppose you do not have liability insurance at the time of your crash, and your damages do not meet the threshold established in this statute.
In that scenario, you will have to pay these expenses out of pocket. The “No Pay, No Play” law states that, in the event of an accident that is not your fault, you, as an uninsured driver, are unable to collect the initial $25,000 for property damages and $15,000 for personal injury damages. This is true regardless of who caused the crash.
In many cases, your medical bills and other expenses would be your financial responsibility, even if you were injured due to another driver’s negligent actions. A personal injury attorney from our law firm could help gather evidence to ensure that your damages are calculated accurately.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientAuto Insurance Requirements in Louisiana
According to the Louisiana Department of Insurance (LDI), if you own a vehicle, you must carry liability coverage to pay for damage to property or personal injury for which you might be found liable. Louisiana requires a minimum of 15/30/25 liability coverage. The breakdown of this coverage is as follows:
- $15,000 of bodily injury coverage for damages you caused an individual
- $30,000 of total bodily injury coverage for costs you caused multiple people to incur
- $25,000 of property damage coverage to pay for damage caused to the other vehicle or objects you hit, such as a mailbox
Please note that Louisiana law does not require that you have full coverage (comprehensive and collision coverage) to recover damages from the at-fault driver. Personal injury protection (PIP) is not required either. The applicable statute only requires that you have liability coverage.
While we recommend higher liability limits, many drivers purchase the state minimums to keep their insurance rates down.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientExceptions to Recovery Limitations
In addition to meeting the property damage and bodily injury requirements, other circumstances can also remove the restrictions on recovering damages. These exceptions include the following:
- The other driver was cited for driving while intoxicated and was convicted or entered a plea of no contest
- The other motorist intentionally caused the accident
- The other driver fled the scene
- The other driver’s actions at the time contributed to the furtherance of a felony
- You are from a state that does not require you to have liability insurance
Our team can help investigate the accident and explore the above possibilities.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Does Car Insurance Work in Louisiana When the Accident Isn’t Your Fault?
In Louisiana, if you are involved in a motor vehicle accident that is not your fault, the at-fault driver’s insurance company is generally responsible for covering the costs of your damages. This often includes medical bills, property damage, and lost wages.
If the other driver is uninsured or does not have enough coverage to pay for all your losses, you can file a claim with your insurance company. In this case, you would use your uninsured or underinsured motorist coverage (if you have it).
If you were driving without liability insurance when the accident happened, you might get stuck paying for your own repairs and injuries. You could also face stiff legal penalties.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientConsequences of Driving Without Insurance
If you are caught driving without an auto insurance policy that at least meets the Louisiana state minimums, you could face certain consequences, as outlined by state law.
Hefty Fines
You could be fined between $500 and $1,000. You may even face a fine for not carrying proof of insurance while driving, even if you have an active policy.
Loss of Driving Privileges
You could lose your driving privileges, have your vehicle impounded, and your license plates canceled. If you get into an accident while uninsured, your license will likely be suspended and your registration revoked for 180 days.
If you lie to an officer, falsely claiming you have insurance, you may lose your driving privileges for up to 18 months. You will also have to pay to have your license reinstated. If your vehicle is impounded, you will also be charged expensive storage fees.
SR-22 Requirement
After being involved in a car accident without insurance, you may be required to obtain an SR-22 certificate. An SR-22 is a form of financial responsibility filed with the Office of Motor Vehicles (OMV).
It certifies that you have the minimum liability insurance coverage required by law. SR-22 coverage is more expensive than a standard auto insurance policy.
Fees From the State’s Insurance Verification System
If you’re in a car accident with no insurance, you may be subject to fees from Louisiana’s insurance verification system. This system is designed to ensure that all drivers are properly insured and that those who are not have taken steps to obtain coverage.
The system’s online database allows law enforcement officers to check on a driver’s insurance policy status during a routine traffic stop.
Is Louisiana a No-Fault State?
Louisiana is not a no-fault state when it comes to traffic accidents. Instead, it is a “tort” state, meaning victims must prove the other driver caused the collision to hold them responsible for damages.
This may be possible by making a collision claim against the at-fault driver’s liability insurance policy or moving forward with a personal injury claim through the court system. An experienced accident attorney from our team can help you decide which option is best for your situation and help put you in a position to secure the best possible verdict or settlement.
Can Injured Passengers in My Vehicle Still Pursue Damages If I Am Uninsured?
The No Pay, No Play law does not interfere with passengers in a car accident where the driver did not have insurance. Suppose a passenger in your vehicle suffered an injury in a collision caused by someone else. In that case, the passenger could file a claim with the at-fault party’s insurance provider to recover damages.
There may be exceptions that one of our lawyers can explain.
Can I Recover Damages if the At-Fault Driver and I Are Both Uninsured?
It can be difficult to recover damages if you are in a car accident with an uninsured, at-fault driver. However, depending on state laws and the circumstances of the accident, you could receive compensation for your losses. When the negligent driver does not carry liability insurance, you can attempt to recover damages directly from the at-fault driver.
Unfortunately, that person is unlikely to have the financial means to pay for medical expenses and other damages. If you have an insurance policy that includes uninsured motorist coverage, you could make a claim with your own insurance company. This is important coverage to have since so many people drive without insurance.
You could also purchase uninsured and underinsured motorist “economic-only” coverage, which gives you the same coverage as uninsured motorist coverage, except you cannot claim pain and suffering.
Could I File a Personal Injury Lawsuit Against the Other Driver?
Louisiana statutes also spell out what will happen if you are an uninsured motorist attempting to recover damages from the other driver through a personal injury lawsuit. In this case, you will have to pay all associated court costs if you are awarded damages and the amount is equal to or less than the minimum state-required liability coverage.
If You Were Uninsured During Your Accident, an Attorney Could Help
You could be in a tight spot if you had no insurance during your car accident with an uninsured, at-fault driver. You may be worried about paying for medical bills or vehicle repairs. Fortunately, an experienced car accident lawyer can review the other party’s insurance coverage, answer your questions, and devise a strategy to get you a fair settlement.
When Laborde Earles accepts your case, we’ll negotiate with the insurance adjusters and other parties involved so you can relax and focus on recovering from your injuries. Contact us today for a free consultation. Feel free to check out our client testimonials to get a better idea of the type of service we provide to our clients.
