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Car Insurance Question  I was in an accident in Louisiana, and I did not have liability insurance. The other person was at fault. Does her insurance have to repair my vehicle?

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. So the at-fault party's insurance company does not have to pay for the repairs of your vehicle if it cost less than $10,000. If your damages exceed this amount then you can make a claim for the amount over $10,000.

This LA law 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.

This is one method that the state of Louisiana is using to try and get motorist to follow the laws and be insured if they are driving on the LA roadways. There are other penalties in place for drivers that drive without insurance.

The Louisiana Driver's Manual states that proof of insurance must be maintained in the vehicle when the vehicle is operational and must be presented any time a law enforcement officer requests that such proof be provided. If you are unable to provide the proof upon request, the vehicle’s license plate will be seized and the vehicle may be impounded. You will have three (3) calendar days, excluding Saturdays, Sundays and legal holidays, to provide the proof at a Motor Vehicle office.

If you do not provide the office with proof of insurance within the three (3) calendar day period, your license plate will be destroyed and you will be required to pay all necessary fees to have your vehicle re-registered.

The LA Department of Public Safety notes that if your auto insurance is cancelled, your license will be "flagged," and you will not be able to renew your registration or driver's license until the flag is lifted.

In order to remove the flag, you need to show proof of insurance effective within 10 days of the date the insurance was cancelled or show proof that the vehicle was sold, traded, junked, or moved out-of-state.

If you do not provide proof of insurance within 10 days, you'll be charged the following reinstatement fees:

  • 11-30 days: $50
  • 31-90 days: $125
  • 91 days or more: $225

Louisiana law requires registered vehicles have 10/20/10 liability limits of car insurance. Those limits provide payments of $10,000 for bodily injury to one person, $20,000 for bodily injury to more than one person in a single accident, and $10,000 coverage for damage to someone else’s vehicle or other property.

Since the at-fault party is not required to repair the first $10,000 worth of damages to your vehicle then likely you will have to end up paying for the repairs yourself. This is a good reason to make sure that before you drive your vehicle on the road again it has at least the minimum liability limits of auto insurance on it. If you want your car insured for collisions you are at fault for or your car being stolen then you would also want to add physical damage coverages of collision and comprehensive.Get a low cost car insurance quote here.

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This car insurance question was asked on 8/12/2008
This auto insurance answer was last updated on 8/14/2008
Bradley D requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
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