No Pay, No Play? Not Exactly

Louisiana requires all motor vehicles carry minimum liability insurance coverage of $15,000.00 per person, $30,000.00 per accident for bodily injury, and $25,000.00 for property damage.  Liability coverage pays for property damage and bodily injuries of other parties for auto accidents in which you are placed at fault.  It does not pay for damage to your vehicle or injuries you receive if you are placed at fault.

If you are injured in automobile accident in which you are not at fault, and you do not carry at least the minimal liability insurance coverage on your vehicle, you are barred from recovery for damages to your auto and any personal injuries under the “No Pay No Play” statute, LA R.S. 32:866.

This means there is no recovery by the owner or operator for the first fifteen thousand dollars of bodily injury and twenty-five thousand dollars of property damage arising out of a motor vehicle accident.  If you sustain serious injuries you can still make a claim against the at-fault insurance company; however, the first fifteen thousand dollars of your bodily injury claim is deducted.

There are a few exceptions to the No Pay No Play rule.  If you did not carry auto insurance at the time of the accident and one of the following situations applies to your accident, you may still be able to recover for your injuries and damages to your vehicle:

1.)   The driver of the other vehicle was driving while intoxicated is and subsequently convicted or pleads no contest

2.)   The adverse driver intentionally causes the accident

3.)   The adverse driver was in furtherance of committing a felony at the time of the accident

If you are unsure whether your insurance coverage was in effect, or if one of these exceptions applies to your accident, contact a New Orleans personal injury attorney today!

October 22, 2012 | Categories: Auto Accidents, Legal Tips |