If you’ve been involved in a car accident in Louisiana but were uninsured, your ability to recover damages could be limited, even if the other driver was entirely at fault. Why? Louisiana’s “No Pay, No Play” law penalizes uninsured drivers by restricting their right to compensation after an accident.
What Is the “No Pay, No Play” Law?
Louisiana Revised Statutes § 32:866, commonly known as the No Pay, No Play law, prevents uninsured drivers from recovering the first $15,000 of bodily injury damages and the first $25,000 of property damage in an accident claim, regardless of whether another driver was at fault for the accident.
This means that you may be personally responsible for covering initial damages out of pocket if you were not carrying the legally required auto insurance at the time of a car accident.
This law is designed to incentivize all drivers to maintain at least the minimum liability insurance coverage, which in Louisiana includes $15,000 for bodily injury per person, $30,000 for bodily injury per accident, and $25,000 for property damage.
Exceptions to the Rule
There are several important exceptions to Louisiana’s No Pay, No Play law. If one of these exceptions applies to your situation, you may still be entitled to full compensation despite being uninsured:
- Drunk or impaired drivers: If the at-fault driver was under the influence of drugs or alcohol at the time of the crash, the injured party may recover the full amount of damages, even if they were uninsured.
- Intentional harm: If the other driver intentionally caused the accident, the restrictions under the No Pay, No Play law do not apply.
- Hit-and-run accidents: If the at-fault driver flees the scene, an uninsured victim may still be able to pursue full compensation once they are identified.
- Felony offenses: If the at-fault driver was committing a felony at the time of the accident, the law’s limitations may not apply.
- Legally parked vehicles: If your uninsured vehicle was legally parked and not in operation at the time of the collision, you are not subject to the recovery cap.
- Vehicle passengers: Passengers who are injured while riding in an uninsured vehicle may still pursue full compensation from the at-fault party.
- Out-of-state drivers: Drivers from other states may be exempt if they were legally insured according to the requirements of their home state and were not required to comply with Louisiana’s insurance laws.
Determining whether Louisiana’s No Pay, No Play law applies to your case (and whether an exception might be available) requires experienced legal analysis. Even seemingly straightforward claims can be affected by this statute in unexpected ways.
What To Do After a Car Accident in Louisiana if You Are Uninsured
Taking the right steps immediately after a car accident can help protect your health, preserve your legal rights, and strengthen any future claim you may file. These actions are especially important for uninsured drivers, who are already subject to No Pay, No Play laws and cannot afford further missteps.
Here’s what you should do after a car accident:
- Check for injuries and move to safety: Check yourself and others for injuries. Call 911 if anyone is hurt. If possible, move vehicles out of traffic to prevent further accidents.
- Report the accident: You should always report the accident to law enforcement, even if you are uninsured. Although you might face a citation or penalties, the police will complete an accident report that may help any injury claims you intend to file against the at-fault driver.
- Exchange contact and insurance information: Get names, contact info, driver’s license numbers, insurance details, and license plates from all involved parties.
- Document the scene: Take photos or video of the vehicles, road conditions, injuries, and any other relevant details.
- Seek immediate medical attention: Seek prompt medical care, even if your injuries aren’t immediately apparent. Some injuries manifest hours or days later and require early treatment to ensure they don’t get worse.
- Avoid admitting fault: Stick to the facts when speaking with the police or the other driver. Don’t speculate or accept blame.
You should also consider consulting an experienced Baton Rouge car accident attorney.
Contact a Car Accident Attorney for Help
A personal injury attorney will evaluate your situation, identify any applicable exceptions, and fight to protect your rights and financial recovery if you’ve been injured in an accident. Contact Mansfield Melancon Car Accident and Personal Injury Lawyers today to schedule a free case evaluation to learn more about your rights and options.
Contact a Baton Rouge, LA Personal Injury Lawyer from Mansfield Melancon Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Baton Rouge, LA today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
318 Harrison Avenue Suite 107
New Orleans, Louisiana, 70802
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991