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Are There Exceptions to Louisiana’s “No Pay, No Play” Law?

Published on Mar 20, 2024 at 8:22 pm in Car Accident.

Are There Exceptions to Louisiana's "No Pay, No Play" Law

As someone residing in the Bayou State, you may have heard about the “No Pay, No Play” law on the news or some other way.

You may know that it has something to do with the recovery of damages after a motor vehicle accident, but otherwise very little else about it. Well, you’re in luck because below, we’ll share more about this state statute and whether there are any exceptions to Louisiana’s “no pay, no play” law.

What Does This State Statute Do?

This law, codified as RS 32:866, became effective in 2011. It discourages motorists from driving uninsured in our state.

This state statute instead encourages Louisianians to purchase auto insurance. It does so by restricting motorists who opt to operate a vehicle without liability (or bodily injury) coverage from recovering compensation for damages they may sustain in a crash, including:

  • The initial $15,000 they incur in medical bills and other accident-related costs they incur
  • The first $25,000 for property damage sustained

It’s important to note that this law applies even if you’re struck by an uninsured driver who is wholly at fault for causing the crash, for example. However, like some rules, there are exceptions to this one.

What Are Exemptions Under This State Statute?

There are a few scenarios where you may still be eligible to request compensation for any accident-related losses you sustain if they apply to you. Those situations that are exceptions to the Louisiana “No Pay, No Play”‘ law include:

  • A drugged or drunk driver caused the crash: Motorists injured in accidents with individuals intoxicated from alcohol or under the influence of drugs when a crash occurs are entitled to recover compensation for their losses irrespective of the insurance status.
  • The driver who struck you left the scene of the crash: Another exception to the “No Pay, No Play” law in Louisiana is if the driver who caused the crash was involved in a hit-and-run. In cases like this, you may be eligible to stake a claim to your uninsured motorist coverage, provided you have it.
  • You were injured while riding as a passenger in another person’s car: A passenger who was riding in an uninsured vehicle at the time a crash occurred is not precluded from recovering compensation for their accident-related losses unless they had an ownership stake in that car that wasn’t covered by insurance.
  • The motorist involved was from out-of-state: If the state a motorist is from doesn’t require its drivers to have similar insurance coverage to Louisiana, then that person is exempt from the “No Pay, No Play” law.
  • The motorist who caused your crash wasn’t insured: This may entitle you to file a claim with your own insurance company if you have uninsured motorist coverage or, if not, entitle you to separately sue the driver who struck you in a personal capacity.

Generally, other exceptions to this law include:

  • If the crash involves a legally parked vehicle
  • Someone intentionally caused the wreck
  • The crash occurred along with the commission of a felony offense

The list of exceptions above is far from exhaustive, which is why you’ll want to consult with a car crash attorney in Baton Rouge to discuss your unique situation and your right to or prohibitions on recovering compensation in your case.

An initial consultation with our attorneys at Bianca | Matkins is completely free.

 

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