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Q

If you were involved in an accident and you are not at fault and didn't have insurance at the time of the accident can you sue the other party personally for pain and suffering, time lost from employment (lost wages) and doctor bills? Does the no play no pay law come into effect in Louisiana or can I receive compensation for these things?


A

We are not legal advisors, we are insurance agents. Please check with a Louisiana lawyer familiar with this area of law.

You cannot claim for these items either with the at-fault party's insurance company or sue the at-fault party for the first $10,000 worth of medical expenses, lost wages or for pain and suffering due to the Louisiana "no pay, no play" law.

Typically it depends upon your state's laws whether you can claim with the other party's Bodily Injury Liability coverage or sue the at-fault driver personally for pain and suffering, lost wages and medical expenses stemming from injuries sustained in a car accident. Several states now have what is referred to as "no pay, no play" laws and many others are trying to pass similar laws.

The "no pay/no play" laws is an approach which provides an incentive to purchase insurance. It is simple either motorists obtain automobile liability insurance coverage or they lose the right to sue for non-economic damages.

These state laws bar recovery of non-economic damages for those who have been injured in an automobile accident, but who do not have auto Liability insurance themselves. In other words, an uninsured but not at fault driver cannot sue for pain and suffering because they could not have provided the same benefits to others had they been the at-fault driver.

Alaska, California, Iowa, Louisiana, Michigan, New Jersey, North Dakota and Oregon currently have statutes based on the "no pay/no play" concept. Louisiana has the harshest in that the uninsured driver cannot make a claim for the first $10,000 of property damage or injuries so even economic damages are limited in your state.

Louisiana's "No Pay, No Play" statute (La. Revised Statute 32:866) would appear to apply to your situation. This statute has been in effect in LA since 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 and cannot sue the other party for these items either. If your medical expenses, lost wages, etc are over $10,000 than you should be able to claim or sue for the amount over $10,000.

If you have more legal questions regarding what your rights are as an uninsured motorist that was not at fault in the accident you can contact a Louisiana lawyer familiar with this area of law.

The penalties for driving without insurance in Louisiana if you were cited by law enforcement is that the car can be impounded, your registration and license plates (tags) can be suspended or revoked as well being hit with fines and administrative fees.

To get Louisiana car insurance so that you are legal now you can click here for free auto insurance quotes.


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