What Happens If the Person at Fault in an Accident Has No Insurance in Louisiana?

Louisiana operates a fault-based (tort) policy. Consequently, the state's law maintains that the individual at fault in an accident is responsible for the damage suffered by any parties involved in the accident, and must compensate for damages through their insurance. In cases where the at-fault driver has insufficient or no insurance, the non-fault driver is required to compensate for the damages they and other occupants of their vehicle suffered through their uninsured motorist coverage. In such an instance, the only chance of recovering losses from the at-fault driver is through a civil lawsuit.

Driving without insurance is classified among Louisiana traffic violations and infractions and may result in penalties such as fines, license suspension, and impoundment of the vehicle. Additionally, uninsured drivers found at fault in an accident may face increased legal liability and difficulty defending against personal injury or property damage claims.

Is It Illegal To Drive Without Insurance In Louisiana?

Yes. Per Louisiana Revised Statutes (RS) 32 § 861, a person must possess insurance on any automobile they own and should be able to show proof of insurance to law enforcement at any time while operating such an automobile, which may warrant certain sanctions (R.S. 32 § 57):

• Fines or imprisonment of not more than 30 days, or both
• Potential vehicle impoundment
• Revocation of driver's license for up to 180 days
• Police ticketing

What Is the Minimum Insurance Requirement in Louisiana?

Under Louisiana law, every vehicle owned or operated in the state must carry liability coverage. The liability limits for Louisiana are 15-30-25. The limits provide a minimum of:

• $15,000 payment for bodily injury to one person
• $30,000 payment for bodily injury to more than one person in a single accident
• $25,000 payment for damage to another person's vehicle or other property

What To Do After A Car Accident With an Uninsured Driver in Louisiana

If hit by a driver, the quickest way to learn about the other driver's insurance status is if they disclose it. Whether or not that information is known, the following steps are recommended:

• Call the police immediately. If there are injuries or other medical emergencies, call 911.
• If safely possible, take a picture of the scene and relevant notes.
• Obtain the following information from the other driver and give them yours: name, address, telephone number, license plate number, insurance information, and driver's license number.
• Notify your insurance company.
• Obtain a copy of the accident report from the police, regardless of who is at fault.

The type of insurance a person has will determine whether their insurance company will immediately cover the damages they suffer. If the other driver is at fault and is uninsured, a person can recoup their money through a civil lawsuit.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Louisiana is a "No Pay, No Play" state (RS 32 § 866), meaning that a driver without insurance is prohibited from collecting the first $25,000 in property damages and the first $15,000 in personal injuries, regardless of which driver is at fault. In addition, an uninsured driver may face certain penalties because it is illegal to drive in Louisiana without insurance.

However, certain provisions under this law may not apply if: the other driver is cited for a violation of RS 14 § 98 due to the accident and subsequently pleads nolo contendere or is convicted, intentionally causes the accident, or flees the accident scene.

Can I Sue an Uninsured Driver in Louisiana?

Yes. Suing an at-fault driver can help a person recover damages for lost wages, damaged property, medical expenses, and attorney fees. However, the chances of recovering any money from them may be difficult, especially if they have no assets. However, such legal action may cause the at-fault driver to lose their license or suffer punishments.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Louisiana?

If the no-fault driver has uninsured motorist coverage or if the at-fault driver has insurance that is not sufficient to cover the damages. A person's insurance goes further to cover damages suffered by other occupants of the vehicle. Collision, uninsured/underinsured motorist (UI/UIM), UI/UIM motorist property damage (UMPD), and medical payments (MedPay) coverages are examples of coverages that may be applicable in such instances:

• Medical payments coverage lasts for a designated timeframe post-accident, covering medical and funeral expenses for the insured, their family members, or any occupants of the vehicle, up to the policy's dollar limits.
• A UMPD coverage covers the cost of vehicle repairs if the other driver is uninsured.
• Collision coverage pays for repairs to the vehicle that results from an accident in which the other driver is uninsured.

What Is Uninsured Motorist Coverage in Louisiana?

Uninsured or underinsured motorist (UI/UIM) coverage is an insurance policy that pays benefits to a person if they get involved in an accident where the other driver has no insurance or too little insurance to cover the full amount of damage or injury suffered (RS 22 § 1295). This policy pays benefits to the bearer of the coverage and/or any occupants of their vehicle to cover any bodily injuries inflicted on them by the accident. A hit-and-run driver situation is covered by this policy, though it helps if a disinterested witness is present.

What If I Don't Have Uninsured Motorist Coverage in Louisiana?

If a person who does not have uninsured motorist coverage gets involved in a crash in Louisiana, other kinds of coverage, such as collision coverage and medical payment coverage, can be used to immediately pay for damages. Where the person does not have insurance, the no-fault driver has the following options:

• Sue the at-fault driver

A court judgment can make them pay for lost wages, medical bills, car repairs, or pain and suffering. If they can't pay voluntarily, as many uninsured drivers have no significant assets, the non-fault driver may seize their bank accounts, put liens on their property, or garnish wages to recoup their money.

• Request license suspension

If the at-fault driver does not pay compensation as ordered by a court judgement, a person may file a complaint with the Louisiana Office of Motor Vehicles (OMV). In compliance with the state's Motor Vehicle Safety Responsibility Law (RS 32 § 851), the OMV has the authority to suspend the at-fault driver's license and registration until they pay or create an installment payment plan. While this may serve as leverage to make them pay, there are no guarantees, as they may still not have the money.

• Pursue victim compensation

If the accident was a hit-and-run, caused by a DUI, or the at-fault driver was being chased by law enforcement at the time of the accident, the not-at-fault driver may qualify for the victim compensation fund. The Louisiana Crime Victims Reparation may cover medical expenses and lost income, but not car repairs.

• Sue the driver's employer

If the other driver was on the job or using a company car when the accident happened, suing their employer under vicarious liability may be an easier way to get compensated, especially if the driver does not have any personal insurance.

• Sue third parties

This can only be done if a third party contributed to the accident. For example, if the crash was caused in part by a road contractor creating a road hazard.

How Do I Get Compensation from an Uninsured Driver in Louisiana?

In the absence of an insurance policy, a civil lawsuit is the only way to seek compensation, unless the at-fault driver agrees to settle out of court. The process starts by filing a personal injury lawsuit in the appropriate district courthouse, either in the jurisdiction where the accident occurred or where the defendant resides. This must be done not more than one year after the accident occurred. Any supporting documents, such as photographs from the accident scene, police reports, and other documents containing relevant case facts, should be included in the complaint.

The complaint should also outline the legal basis for liability, the damages suffered, and reference the applicable statutes. It is advised to consult an attorney, as the process can be rigorous, long, and expensive. Expect to pay court and attorney fees, although certain court fees may be waived, depending on the circumstances at hand. Thereafter, the court issues a summons, which is served on the defendant.

The defendant then files a response, either admitting or raising defences like comparative fault. The latter often leads to a discovery phase, in which both sides gather and exchange evidence, which may include expert witness reports, depositions, and written discoveries. The case parties may decide to settle out of court. Otherwise, attorneys may file pre-trial motions and, if still unresolved, proceed to trial.

How Much Can You Recover From an Uninsured At-Fault Driver in Louisiana?

Louisiana law does not place any caps on the amount of settlement payable in a personal injury lawsuit. Victims are entitled to full compensation for provable damages from the at-fault driver regardless of their insurance status. However, uninsured drivers often have no assets and are most likely unable to pay out of their pockets, regardless of how much a court awards. This leaves the victim with few options, such as garnishing their wages or putting a lien on their property.

How To Find Out If the At-Fault Driver Has Insurance in Louisiana

The first way to find out if a driver has insurance is by asking them at the scene of the accident. Also, one may find this information by reviewing the police crash report. The Louisiana Office of Motor Vehicles also maintains insurance information for vehicles registered in the state and should be able to verify any insurance information obtained from the at-fault driver.

Are Accidents Public Record in Louisiana?

Yes. Louisiana accident records are public and can be obtained from the Louisiana State Police. Requesters must pay a fee of $11.50 per report, payable by credit or debit cards. Accident reports are available 10 to 15 business days after the incident. Note that the state repository only handles reports for accidents handled by the state police. Refer to the city police department or sheriff's office for records about accidents handled by their officers.

Can You Go to Jail for Causing an Accident Without Insurance in Louisiana?

Causing an accident without insurance, by itself, is hardly a jailable offense, unless it involves circumstances that aggravate the offense, such as DUI, reckless driving, vehicular homicide, or hit and run. Ordinarily, driving without insurance typically leads to license revocation, the vehicle being impounded, cancellation of license plates, huge fines, or registration revocation.

Can You Settle With an Uninsured Driver Out of Court in Louisiana?

Yes. Under Louisiana Civil Code (CC) Art. 3071, the parties may settle out of court through "compromise" or "transaction". Note that out-of-court settlements are legally binding and preclude parties from initiating a subsequent action or suing in the future (CC 3080).

Can I Get Compensation If I Was Partially at Fault?

Yes. Louisiana law allows the consideration of comparative negligence during personal injury claims. If comparative fault is established, meaning that a person is partially at fault, their recoverable damages are reduced by the percentage of fault attributable to them under CC 2323. The "No Pay, No Play" rule, if applicable, also plays a major role in the amount of compensation a person receives.