Can I still make a claim if I did not carry insurance on my vehicle at the time of my accident?
If you did not carry insurance at the time of the accident, you may be prohibited from making a claim against another driver’s policy unless there are certain exceptions that apply. Under Louisiana’s “no pay no play” law, a driver is prevented from making a claim against an at-fault driver unless the following exceptions apply:
- the driver of the other vehicle was operating the vehicle while intoxicated and is subsequently convicted of or pleads nolo contendere to such offense;
- the other driver intentionally causes the accident;
- the other driver flees from the accident;
- at the time of the accident, the other driver is in furtherance of the commission of a felony offense under the law.; or
- This limitation does not apply if the other vehicle is not being operated at the time of the accident.
- This limitation bars recovery for the first $15,000 of bodily injury and first $25,000 of property damage.
This law does not apply if you were a passenger in an uninsured vehicle at the time of the accident. This law also does not apply to drivers involved in accidents who are from a different State that does not require the same levels of coverage as Louisiana. This law also does not apply if your vehicle was parked at the time of the car crash.
The driver who caused the accident did not carry insurance coverage. Can I still recover from my car crash?
All drivers in Louisiana are legally required to carry the following amounts of insurance:
- $15,000 bodily injury coverage per person in a single accident
- $30,000 bodily injury coverage for all persons injured in a single accident
- $25,000 for property damage per accident
However, there are many drivers who disregard this law and drive without insurance. Nevertheless, the liable party will be responsible for paying your damages. There may be ways for you to still recover. Our firm will do the work to locate any other policies the other driver may possess or help you with filing an uninsured motorist claim. Give us a call for a consultation today.
If I file an uninsured motorists claim, can my insurance company raise my rates?
The short answer is no. Under LA Rev Stat § 22:1284:
No insurer shall increase the rate, increase or add a surcharge, cancel, or fail to renew any policy of motor vehicle insurance when such action is based on consideration of one or more non-fault incidents.
This law provides that the insurance company can actually be penalized if they raise your rates when you are considered the non-fault driver in the accident.