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Q

What does the "no pay - no play" law say in regards if a person that is excluded on my insurance policy is driving my vehicle (my daughter) and the driver of the other vehicle that hit my daughter was at fault? Does the other persons insurance have to pay for my damages or not?


A

We have contacted the Department of Insurance (DOI) for the state of Louisiana to seek clarification on if your daughter's accident would be covered by the other party or would fall under the "no pay, no play" law the state has in place. We have not heard back from the LA DOI so we would advise you to contact this state agency directly yourself and probably also seek legal counsel about your daughter's particular situation since she was excluded from your car insurance policy but was driving your vehicle.

You can read through the Louisiana's "No Pay, No Play" statute (La. Revised Statute 32:866) to so you are familiar with it when asking the DOI and/or a lawyer about your present situation.

As a brief description of the statute, it became effective in 1998 and forbids a motor vehicle owner who does not have liability insurance from recovering the first ten-thousand dollars of any bodily injury or property damage claim. This means if you are driving a car without insurance you give up the right to collect your first ten-thousand dollars of personal injury and property damage claims.

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The statute does not appear to mention anything about policy driver status or exclusions so the law would not seem to apply to your daughter but again we believe you should check with legal counsel and/or the Louisiana Department of Insurance to obtain clarification and specific information on how this law applies to your daughter's accident.

As you are probably aware of now your daughter should not drive your vehicle if you have excluded her from your policy since no insurance coverages extend to her in anyway, even if she is driving your vehicle in an emergency. If she is going to drive your vehicle(s) in the future you should place her on your auto insurance policy as a driver. 


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1 Responses to "What does the "no pay - no play" law say in regards if a person that is excluded on my insurance policy is driving my vehicle (my daughter) and the driver of the other vehicle that hit my daughter was at fault? Does the other persons insurance have to pay for my damages or not?"
  1. Anonymous

    The daughter would not qualify for coverage as confirmed in McCray v. Jenkins, App. 5 Cir.2003, 864 So.2d 675, 03-539 (La.App. 5 Cir. 12/9/03),

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