Exceptions to Louisiana ‘No Pay, No Play’ Law
Getting into a car accident in Louisiana can be a stressful experience, especially when insurance laws like “No Pay, No Play” become a factor. If you’re unsure how this law affects your ability to recover damages, you’re not alone.
So, what are the exceptions to Louisiana’s “No Pay, No Play” law? In situations where the at–fault driver was intoxicated, intentionally caused the accident, fled the scene, or was committing a felony at the time of the accident, this statute may not limit an uninsured driver’s ability to recover damages.
Additionally, the law may not apply to you if you were a passenger at the time of the crash or if you’re an insured driver from out of state. A Lafayette car accident lawyer can review your case and explain your legal options.
What Are the Exceptions to Louisiana’s “No Pay, No Play” Law?
Although the “No Pay, No Play” law restricts uninsured motorists in Louisiana from recovering certain damages after an accident, exceptions exist. These exceptions include:
- Driving under the influence: If the at-fault motorist is found guilty of DUI, the uninsured motorist may still recover compensation for damages.
- Intentional acts: If the accident resulted from intentional actions by the at-fault driver, such as in road rage incidents, the uninsured motorist is not barred from pursuing damages.
- Parked vehicle accidents: If an uninsured motor vehicle is hit by another driver while legally parked, the law’s restrictions do not apply.
- Passenger exceptions: Passengers in an uninsured vehicle are generally not held accountable for the driver’s lack of insurance. They can still recover damages for injuries they sustain in an accident.
- Hit and run accidents: If the at-fault driver flees the scene and cannot be identified, the “No Pay, No Play” law may not limit your ability to recover damages.
- Driver from another state: If you are a driver from another state with insurance coverage that meets your home state’s requirements but does not meet Louisiana’s minimum requirements, you may qualify for an exception from Louisiana’s “No Pay, No Play” law.
- Carrying minimum insurance: If you are carrying the minimum required insurance at the time of the accident, you will not be restricted by “No Pay, No Play.”
- Felony committed by the other driver: If the at-fault driver was committing a felony at the time of the accident (such as by fleeing from law enforcement), you may still recover damages despite not having insurance.
What Is Louisiana’s “No Pay, No Play” Law?
The “No Pay, No Play” law, formally enacted as Louisiana Revised Statute 32:866, restricts uninsured drivers from recovering the first $15,000 in bodily injury damages and the first $25,000 in property damages after an accident, even if the other driver is at fault.
In other words, no matter which driver is at fault for the accident, the uninsured party is responsible for covering these expenses.
Does Louisiana’s “No Pay, No Play” Law Apply to Out-of-State Drivers or Passengers?
No, Louisiana’s “No Pay, No Play” law generally doesn’t apply to out-of-state drivers. So long as you’re in compliance with your home state’s insurance requirements, you won’t be restricted from seeking damages.
Passengers are typically exempt from these restrictions as well.
What if the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver does not have insurance, or if their insurance is insufficient, uninsured/underinsured motorist (UM/UIM) coverage can enable you to recover damages for medical bills, lost wages, and other losses. UM/UIM coverage is optional in Louisiana but highly recommended.
Without underinsured motorist coverage or uninsured motorist coverage, you may need to pursue compensation directly from the at-fault driver, which can be a lengthy and challenging process.
What Happens if Neither Driver Is Insured?
When neither driver is insured, the accident’s financial burden falls entirely on the parties involved. In such cases, personal injury lawsuits often arise to resolve liability and compensation issues.
Is It Illegal Not to Have Car Insurance in Louisiana?
Yes, it is illegal to drive without car insurance in Louisiana. The state mandates that all drivers carry at least the minimum coverage required by law.
Minimum Car Insurance Requirements in Louisiana
The minimum requirements for auto insurance coverage in Louisiana are:
- Bodily injury liability: $15,000 per person and $30,000 per accident
- Property damage liability: $25,000 per accident
Additional coverage, such as comprehensive coverage, collision coverage, and UM/UIM coverage, can help you better protect yourself.
Penalties for Driving Without Insurance in Louisiana
The penalties for driving without minimum liability insurance in Louisiana include:
- Fines: Fines start at $500 and increase for repeat offenses.
- License suspension: Your driver’s license may be suspended until proof of insurance is provided.
- Vehicle impoundment: Authorities can impound your vehicle if you are caught driving without insurance.
- Registration revocation: Your car registration can be revoked for driving without insurance.
What to Do After a Car Accident in Louisiana
If you’ve been in a motor vehicle accident in Louisiana, it’s important to take the following steps:
- Call 911: Report the accident to the police and obtain an accident report.
- Exchange information: Collect contact and insurance details from the other driver(s).
- Document the scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Seek medical attention: Even if your injuries seem minor, consult a doctor to rule out hidden issues and document your condition.
- Contact your insurance provider: Report the accident to your insurer as soon as possible, but avoid discussing fault.
- Contact a lawyer: Call a car accident attorney to discuss your legal options.
Contact a Lafayette Car Accident Lawyer
Car accidents can be life-altering. If you’ve been injured in an accident in Louisiana, you may feel unsure about what to do next.
The personal injury attorneys at Laborde Earles have decades of experience advocating for car accident victims. We can help you understand your rights, build a strong case, and pursue the compensation you deserve.
Our firm operates on a contingency basis, so you won’t pay any fees unless we win your case. Schedule a free consultation with a Lafayette car accident lawyer today to begin pursuing justice.