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Car Insurance Question  If I was in an auto accident in Louisiana and it was the other driver's fault however my insurance was cancelled but I am an out of state driver (Ohio) does the no pay no play law apply to me? I also was not ticketed for the no insurance at the scene.

In Louisiana if you do not have liability coverage on your car at the time of an accident, the “No Pay, No Play” law would apply, whether you are a LA state resident or from another state that requires you to be insured. Under the Louisiana no pay/no play law an individual who does not have liability insurance cannot collect for the first $10,000 of damages in an accident, no matter who is at fault.

This LA statute 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.

Since its enactment, this LA law has continued to evolve through legislative amendments, as well as jurisprudential interpretation. The no pay, no play statute now applies to residents of all states while driving vehicles registered in Louisiana, as well as to residents of all states that require compulsory motor vehicle insurance.

Prior to 2001, state law (RS 32:861) noted specifically that their mandatory motor vehicle liability laws were directed at vehicles registered in this state and thus the No Pay, no play provisions were not applied to residents of other states, unless, at the time of the accident, the out-of-state resident was “driving a car registered in Louisiana and did not have the necessary insurance."

Then in 2001, Louisiana law was amended to cover vehicles registered in other states. Specifically, the new law requires insurance and proof thereof, not only for Louisiana but for all "other states or jurisdictions that require liability security."

As we mentioned Louisiana Revised Statute (RS) section 32:861 speaks of the mandatory motor vehicle liability security that one must have on their vehicle. Subsection A states that every self-propelled motor vehicle registered in this state (with noted exceptions listed such as forest vehicles) shall be covered by an automobile liability policy with liability or by a motor vehicle liability bond, or by a certificate of the state treasurer stating that cash or securities have been deposited, or by a certificate of self-insurance.

Subsection E of RS 32:861 is more of what applies to your situation and here it states that:

(1) The owners of motor vehicles registered in other states or jurisdictions that require liability security shall maintain the security and proof thereof as required by their respective state or jurisdiction while the vehicle is operated in this state.

(2) Failure to comply with the requirements of this Subsection shall subject the owner and the operator to the sanctions which are provided in R.S. 32:57 and limitations on recovery of damages provided for in this Part. Owners and operators of any motor vehicle in violation of this Subsection shall be subject to limitation of recovery as provided for in R.S. 32:866.

So Louisiana's "No Pay, No Play" statute (La. Revised Statute 32:866) will be applied to your situation since the state of Ohio does require motorist to have either car insurance or other proof of financial responsibility (FR). To comply with the FR requirements a motorist can get a liability insurance policy, surety bond, self-insurance, etc however you must have some sort of FR on your vehicle.

If your vehicle's damages are over $10,000 then you may see about how to place a claim for the amount above this with the at-fault party's insurance company. The Louisiana Department of Insurance may be able to give you more information on this subject.

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This car insurance question was asked on 6/25/2008
This auto insurance answer was last updated on 7/1/2008
Katie requested this car insurance solution.
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