no car insurance accident not my fault.
no car insurance accident not my fault.
If you are involved in a car accident in Louisiana and have no insurance, you are not eligible to receive compensation from the at-fault party's insurance provider under the No Pay, No Play legislation (RS §32:866). However, you might be entitled to do so if your damages are greater than the statutory limits of $25,000 for property damages and $15,000 for personal injuries, or if other extenuating circumstances are present as specified in the statute.
In addition to this result, driving while uninsured exposes you to harsh fines and penalties.
What is Louisiana’s No Pay, No Play Law?
Louisiana's regulations for mandatory motor vehicle liability insurance are set down in RS Art. 32:866. Additionally, it describes the state's position on noncompliance and the cap on damages for uninsured drivers injured in auto accidents.
You will be responsible for paying these losses out of pocket if you did not have liability insurance at the time of your accident and your damages did not reach the minimum amount specified by Louisiana law.
Exceptions to Limitation of Recovery
Other aspects of an accident, in addition to satisfying the standards for property damage and/or human injuries, would also remove the limitations on your ability to claim damages:
1. If the other driver receives a citation for driving while drunk from the responding law enforcement officer and later pleads guilty or is found guilty of the charge
2. If the collision was purposefully caused by the other driver
3. If the other driver leaves the site of the collision
4. If the other driver was committing a felony at the time of the collision as a result of the other driver's actions.
5. If you reside in a state where having liability insurance at the time of an accident is not required.
Minimum Compulsory Liability Coverage in Louisiana
Please be aware that Louisiana law does not mandate complete coverage in order to sue the at-fault driver for damages. You must have the bare minimum in liability insurance, according to the law.
The Louisiana Department of Insurance (LDI) states that if you possess a vehicle, you are required to have liability insurance to cover any potential liability for property damage or harm to people. These are the restrictions:
1. $15,000: One person's bodily injury.
2. $30,000: Two or more victims injured physically in a single collision.
3. Damage to property, $25,000
Is it Possible for Me to Sue the Other Driver?
The Louisiana statute also describes what would happen if you attempted to recover damages while driving without insurance by filing a claim with the other driver's insurance provider.
If damages are awarded and the amount is equal to or less than the minimum liability coverage amount required by the state, you will be charged and obligated to pay all court expenses related with the action.
Can I still pursue damages if I'm uninsured if passengers in my car get hurt?
Passengers in an automobile collision where the driver lacked insurance are not affected by the No Pay, No Play law. If a passenger in your car was hurt in a collision brought on by someone else's carelessness, the victim could submit a claim with the insurance provider for compensation.
There might be exceptions, which one of our lawyers can describe.
Can I Get My Money Back If the At-Fault Driver Doesn't Have Insurance?
If the at-fault driver does not have insurance or has only the minimal liability coverage required by Louisiana law, you may still be able to recover damages under your uninsured/underinsured motorist policy.
Normally, your insurance company would seek compensation from the insurance company of the negligent driver. When the at-fault party is not covered by liability insurance, your insurance provider may make an effort to obtain compensation directly from them.Unfortunately, if someone does not have liability insurance, it is unlikely that they will have the money to cover your damages out of pocket.
The No Pay, No Play rule gives you the option to obtain economic-only uninsured/underinsured motorist policy, which provides you with the same protection as uninsured motorist protection but excludes pain and suffering claims.
An Attorney Can Help If You Were Uninsured at the Time of Your Accident.
The lawyers at Laborde Earles Injury Lawyers can analyze your insurance policy, address your concerns, and come up with a plan to assist you collect the compensation you are entitled to if you were hurt in a car accident that wasn't your fault.
Please get in touch with us right away for a free consultation.
Call (337) 243-6061, SMS it, or fill out a form for a free case evaluation.
