Legal Question in Insurance Law in Louisiana
Lapsed auto insurance
My husband was in an accident in louisiana (we live in mississippi) at the fault of the other driver (other driver was given a citation). Our car was totaled, my husband injured with medical bills and he was out of work for 4 weeks. The other drivers insurance denied the claim stating our auto insurance had lapsed (it had by 10 days). Now my husband has no car, alot of medical bills and no pay for 4 weeks. Can we recover any of this?
2 Answers from Attorneys
Re: Lapsed auto insurance
Under Louisiana law, all persons must have a minimum of $10,000 auto liability insurance. If uninsured like yourself, then you are responsible for the first $10,000 of your own damages, no matter that you were fault free.
Re: Lapsed auto insurance
Louisiana has what is called the no-pay, no play law. Basically, if you do not have auto insurance, you lose your right to recover the first $10,000 of your damages. Thus, you would be able to recover whatever damages that you may have that exceeds the $10,000 threshold.
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