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Exceptions to Louisiana’s “No Pay, No Play” Law (La. R.S. 32:866)

If you were in an auto accident and did not have automobile insurance, you may be wondering if you can still make a claim for injuries. Typically, a driver without car insurance forfeits the first $15,000.00 of personal injury damages after an accident; this rule is typically referred to as “No Pay, No Play” in Louisiana. The rule applies even if you did not receive a ticket after the accident for not having insurance.

But there are exceptions. First, if your vehicle was legally parked at the time of the accident, Louisiana’s “No Pay, No Play” law will not apply even though you were not carrying insurance. Second, the rule will not apply if you were in an auto accident caused by a drunk or intoxicated driver. Third, the rule will not apply if the driver that caused the auto accident was in commission of a crime at the time of the accident or fled the scene after the accident (hit and run).

Furthermore, if you were a passenger in a vehicle that was not insured, the rule will not apply to you. “No Pay, No Play” will only apply to drivers not carrying automobile insurance. “No Pay, No Play” is codified in Louisiana Revised Statute 32:866.

Finally, you still may be entitled to recover for personal injury and medical expenses when the above exceptions do not apply, if your damages exceed $15,000.00. For instance, if your medical bills and pain and suffering claim are worth $35,000.00, you would be entitled to recover $20,000.00 from the defendant driver. This would be because you would loose your right to recover the first $15,000.00 under “No Pay, No Play” but would be entitled to the difference of the value of your damages minus the first $15,000.00 of damages. This scenario assumes, of course, that you are not at fault for the accident.

If you have suffered injury from an accident and have questions about No-Pay-No-Play, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana, including the following areas:

  • Algiers
  • Amite
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  • Cut Off
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  • Galliano
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  • Larose
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  • Mandeville
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  • New Orleans
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Mr. D’Aunoy is well reviewed on sites such as Avvo and Facebook.

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