Louisiana is what is known as a comparative negligence state. That means a driver can be anywhere from zero to 100 percent at fault in an accident

For example, if you were backing out into a busy street when another car hit you the insurance company might decide to pay only 75 percent of the damage. Even though the other driver should have maintained control, the company might well determine that you were partly to blame because you did not have the right of way. Thus if you are 25 percent at fault you only get compensated by the other party's insurance company for 75 percent of your damages.

So it is likely this negligence law that the lawyer for the other party's passenger is referring to as the 1 percent (1%) law. If you were somehow found 1 percent negligence or at fault then that passenger could be compensated for 1% of their damages (injuries) since their driver was then found to be 99% at fault. It would appear that the at-fault party made a left turn in front of traffic and thus did not yield the right of way, however if it is found that your son was speeding through the intersection then there is a chance that he could be found somewhat at fault.

You should speak to your insurance agent more about the 1 percent law and if your son could be found any percent at fault in the accident.

As for the no pay/no play law, it does allow passengers to collect monies as long as the passenger is not an owner of the car. As you are aware in LA if there is no insurance available for one of the vehicles involved in an automobile accident, Louisiana's "No Pay, No Play" statute (La.R.S. 32:866) will be applied to the accident according to the LA Department of Insurance.

This Louisiana insurance statute does not permit motor vehicle owners who do not have liability insurance from recovering the first ten thousand dollars of any bodily injury or property damage claim. Passengers in a vehicle that lacks valid insurance are also not subject to the "No Pay, No Play" limitation. If the involved passenger is also an owner of the vehicle at issue, then the "No Pay, No Play" limitation is applicable as you can see in the sections of the law which we noted below:

866. Compulsory motor vehicle liability security; failure to comply; limitation of damages

A. (1) There shall be no recovery for the first ten thousand dollars of bodily injury and no recovery for the first ten thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.

If the passenger was not the car owner then it may be possible for her to make a claim for her bodily injuries but only if she could find your son at fault in some way, which it appears she hired a lawyer to try and do. Your agent or a lawyer of your own should be able to give you more specific information on your situation and Louisiana law.