Getting into an accident with an uninsured driver is something every driver dreads. The only thing that makes that scenario more stressful is if you are the person without car insurance.
Louisiana law requires all drivers to carry auto insurance. Driving without proper insurance can lead to hefty fines, legal consequences, and extra licensing requirements—particularly if you cause an accident. But what happens if you didn’t cause it? Are you barred from recouping losses just because you don’t have proper insurance?
If you were injured in a motor vehicle accident and don’t have auto insurance, you may face additional hurdles in getting compensation for your injuries. However, the good news is you aren’t entirely barred.
Here’s what you need to know about recovering damages as an uninsured driver and what the Lamothe Law Firm can do to help you with this process.
Louisiana Drivers Must Carry Insurance
Louisiana driving laws are clear: all drivers must carry proper insurance. This applies to anyone who owns a car, even if that car isn’t driven regularly (for example, a project car sitting in your driveway).
The least amount of coverage required by state law is liability. A liability insurance plan only covers harm you are legally responsible for. It does not include your damages, meaning if you are at fault for an accident, your insurance company will only cover the injured party’s damages, not yours.
But what if you don’t have insurance at all? Are uninsured drivers barred from compensation during an accident? The answer depends on who’s at fault for the accident.
Recovering Damages: The Uninsured Driver Is At-Fault
While insurance plans can be expensive, driving without one is worse—especially if you’re the one who causes the accident. An at-fault, uninsured driver faces serious consequences, including:
• Out-of-pocket liability for all the other party’s damages.
• License and registration revoked for 180 days.
• Vehicle impounding for driving without registration.
• Lawsuits from the injured party to pay for damages.
• Personal out-of-pocket expenses.
• Legal penalties.
• Additional fines of up to $1000.
• Points deducted from driving record.
• Increased difficulty getting insurance.
• Increased insurance rates.
While not purchasing insurance might seem like saving money in the short term, in the long run, it never pays off.
Recovering Damages: The Uninsured Driver Is Not at Fault
In 2011, Louisiana legislatures adopted a “No Pay, No Play” law. Under these rules, uninsured drivers are barred from claiming the first $15,000 in personal injuries and the first $25,000 in personal property damages, regardless of who is at fault. However, there are a few exceptions.
Uninsured driver limits may not apply if:
• The other driver was driving while under the influence.
• The other driver intentionally caused the car accident.
• The other driver fled the scene.
• The other driver was committing a felony offense when they caused the accident.
• The other driver is from out of state (No Pay, No Play only applies if their home state has similar statutes).
An uninsured driver can still recover accident losses, but only if their damages exceed the No Pay, No Play limits or they qualify for an exception.
How To Recover Compensation as an Uninsured Driver
Car accidents often cause catastrophic injuries that far exceed the No Pay, No Play law limits. If you’re an uninsured driver with serious injuries, here’s how to recoup some of your losses.
• Step 1: Establish that the other driver was at fault or that you fall under one of the No Pay, No Play exceptions.
• Step 2: Collect as much evidence as possible, including police reports, witness statements, photographs, and medical records documenting your injuries.
• Step 3: Consult an experienced accident attorney who can help you navigate the legal complexities of your case and advocate on your behalf.
• Step 4: File a claim with the at-fault driver’s insurance company.
• Step 5: Be prepared to negotiate with the insurance adjuster regarding the settlement amount.
While being uninsured doesn’t completely disqualify you from receiving compensation, there are extra hurdles an experienced car accident attorney can help you navigate.
Are You an Uninsured Injured Driver?
Driving without insurance is against the law, but that doesn’t mean other drivers aren’t responsible for their actions. If you are an uninsured driver seeking damages for an accident you didn’t cause, we want to hear from you. Contact Lamothe Law Firm today for a free consultation, and let our team of highly experienced motor accident attorneys help defend your rights and get you the compensation you deserve.
