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Injured in a car wreck and don’t have insurance?

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Standard / by Kinetix Webmaster / August 30, 2018 / No Comments
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Injured in a car wreck and don’t have insurance?

Have you been injured in a car wreck through the fault of another and did not have car insurance at the time of the accident?

 Spurgeon Law Firm’s car accident attorneys are here to help.

No Pay, No Play Law

Louisiana requires all motorists to carry a minimum of $15,000 liability insurance.  However, this will not prevent a motorist from recovering damages when another party is at fault.  Louisiana has a “no pay, no play” law which states that there shall be no recovery for the first $15,000 of bodily injury and no recovery for the first $25,000 of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.  Basically, this means that if you were injured due to the fault of another, and you were uninsured, then you would not be able to collect the first $15,000 for damages related to bodily injury.  However, depending on the policy limits of the at fault party, the injured party may still be able to recover damages from personal injury and medical expenses if the damages exceed $15,000.  For example, if your medical bills and pain and suffering claims are worth $50,000, then you would be entitled to recover $35,000 from the at fault driver insurance.  The reasoning behind this is that you would lose your right to collect the first $15,000.

History of No Pay No Play

Louisiana, because of its high number of uninsured drivers, is the second most expensive state for auto insurance.  In an effort to reduce insurance premiums for its consumers, among other initiatives, the state legislature passed Act 1476, known as the Omnibus Premium Reduction Act, in 1997.  One section of this law was the “No Pay, No Play” provision, which was incorporated to penalize uninsured and underinsured drivers, while encouraging them to purchase adequate levels of insurance.

Exceptions to the Louisiana “No Pay, No Play” law:

  • The law does not apply to legally parked cars.
  • The law does not apply if the other driver is convicted of driving while intoxicated, intentionally causes the wreck, fled the scene, or was furthering the commission of a felony at the time of the accident.
  • The law does not apply to a passenger’s claim unless the passenger is a co-owner of the uninsured car.

Spurgeon Law Firm is Central Louisiana’s go to law firm for car accidents.  Let our attorneys at Spurgeon Law Firm help you seek maximum compensation for your injuries.  Contact Spurgeon Law Firm today at 318-224-2222 for a free consultation.

Sources:

La R.S. 32:866

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