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. That is, 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.

Louisiana's "No Pay, No Play" statute (La. Revised Statute 32:866) will be applied to your situation since you and your husband were driving without the state required insurance at the time of the accident.

This statute which became effective in 1998 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.

If you car is declared a total loss you likely will be unable to use your GAP insurance since you did not have your primary, required insurance coverage on the vehicle at the time of the accident. But you can check with your GAP insurer to find out for sure.

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.

The penalties for driving without insurance in Louisiana if you are cited by LA 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.