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?


Asked on 4/20/05, 2:43 pm

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

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.

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Answered on 4/20/05, 2:54 pm
Frank Schiro, III Law Offices of Frank P. Schiro, III-A Professional Law Corp.

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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Answered on 4/20/05, 7:02 pm


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