Accidents Involving Insured and Uninsured Motorists
Almost every state requires that drivers carry insurance on vehicles they own. The reason is that if a person causes an accident, they are responsible for paying bodily injury and property damage expenses for the other person(s) involved in the accident. When a driver has insurance, the company steps in to cover costs based on the limits set in the insurance contract.
However, if a driver does not have insurance, they may be responsible for paying the expenses out of their own pocket. Often, the expenses can be so high that it is difficult for an individual to cover the costs on their own. In such cases, the insured driver’s insurance may cover their customer’s expenses but might not get reimbursed from the uninsured driver. Premiums increase to offset the costs the company must pay.
What is the Louisiana No Pay, No Play Law?
Commonly known as the “no pay, no play” law, this statute limits an uninsured driver’s ability to pursue a claim against an at-fault driver’s insurance company after an accident. This No Pay, No Play law establishes that if a driver does not have insurance, they cannot claim the first $100,000 of bodily injury damages and the first $100,000 of property damage. That means the uninsured driver is responsible for paying up to those amounts on their own. Louisiana amended the compulsory vehicle security statute L.a. R.S. 32:866 in 2025 to combat the cost of high insurance premiums,
A driver needs to maintain only the state-required minimum liability insurance to meet the stipulations of this law. As long as the driver has coverage before an accident, they can pursue a claim against the at-fault driver.
Are There Exceptions to the Law?
Some exceptions to the no pay, no play law exist, and under the following circumstances, an uninsured driver can file a claim:
- The at-fault driver was intoxicated, fled the scene, caused the accident on purpose, or committed a felony at the time of the accident
- The at-fault driver collided with a parked vehicle
THE LAW AS JUST PASSED
Effective: August 1, 2025
LSA-R.S. 32:866
§ 866. Compulsory motor vehicle liability security; failure to comply; limitation of damages
A. (1) There shall be no recovery for the first one hundred thousand dollars of bodily injury and no recovery for the first one hundred thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
(2) For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.
(3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:
(i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
(ii) Intentionally causes the accident.
(iii) Flees from the scene of the accident.
(iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.
(b) The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
B. Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
C. If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than one hundred thousand dollars of bodily injury, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
D. Each person who applies for a driver's license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver's license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.
E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.
F. (1) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first one hundred thousand dollars of bodily injury and the first one hundred thousand dollars of property damages.
(2) In claims where no suit is filed, the claimant's insurer shall have all rights to recover any amount paid by the claimant's insurer on behalf of the insured for the recovery of any sum in excess of the first one hundred thousand dollars of bodily injury and the first one hundred thousand dollars of property damages.
G. (1) Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:
(a) The recovery for injury or damages that are otherwise prohibited under this Section.
(b) The defeat of any affirmative defense otherwise allowed under this Section.
(c) The avoidance of liability for court costs otherwise required under this Section.
(2) Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.
H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.
Credits
Added by Acts 1997, No. 1476, § 4, eff. Sept. 6, 1998. Amended by Acts 1999, No. 1085, § 1, eff. Jan. 1, 2000; Acts 2003, No. 532, § 1; Acts 2008, No. 921, § 1, eff. Jan. 1, 2010; Acts 2014, No. 149, § 1; Acts 2025, No. 16, § 1.
We Fight to Protect Your Rights
With over 30 years of experience, our Bossier City car accident attorney understands the complexities surrounding the no pay, no play law. At Joseph A. Gregorio, A Professional Law Firm, we can provide you with superior legal guidance for your case and work toward getting favorable compensation for you. We also work on a contingency-fee-basis, which means you will not pay legal fees unless we recover compensation on your behalf.
If you’ve been injured in an accident caused by a negligent driver, call Joseph A. Gregorio, A Professional Law Firm at (318) 719-7515 to discuss your case. You can also fill out an online contact form to reach our team.