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QuestionInsurance Question  My friend was involved in an accident. He was on the main highway when another car was coming out of McDonald's. He ask the lady not to call the police because he had no insurance. The lady gave him her name and numbers but he went file a complaint at the police station. Even though the lady was wrong he has no insurance and his license is suspended. What can he do in the state of Louisiana? My understanding is even if the other person is wrong if you don't have insurance there is nothing he can get or get his car fix.

AnswerAuto Insurance Answer

Louisiana Law requires every driver to have automobile liability insurance while driving on Louisiana public roads and highways. The statutory minimum limits of liability insurance in Louisiana are 10/20/10 which stands for: Bodily Injury of $10,000 for the death or injury of any one person, any one accident, $20,000 for all persons in any one accident and Property Damage of $10,000 for any one accident.

Louisiana compulsory motor vehicle liability law requires that all registered owners of an automobile carry liability insurance. Uninsured motorists are subject to penalties such as fines, limited recovery of damages, and impoundment of the uninsured vehicle. The fines range from $75 to $100 on the first conviction, $100 to $250 on the second conviction and up to $700 on each conviction after that.

You are correct that if you are uninsured you cannot collect for the damages to your car (up to the first $10,000), even if you are not at fault. This state statute is referred to as the No Pay No Play law.

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. This 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 $10,000 of personal injury and property damage claims.

These requirements apply not only to Louisiana residents but also to drivers from other states which require their drivers to carry liability insurance. However, accidents caused by drunk drivers or hit and run drivers are not subject to the No Pay, No Play law.

In these situations, victims are allowed to recover despite not having any insurance. 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.

The provisions of this statute continually change through legislative amendment and judicial interpretation though so to be certain how it currently stands your friend may want to check with the Louisiana Department of Insurance.

If he still needs to obtain car insurance for his vehicle, he can get a Louisiana auto insurance quote here with us.

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