Can I make a claim if I was in an accident but do not have insurance?
If you do not have insurance on your vehicle and you were involved in an accident, you can still make a claim for property damage and injuries.
La. R.S. § 32:866A.(1) states "There should be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five 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."
Accordingly, you will be unable to recover for the first $15,000 of your injury claim and first $25,000 of your property damage claim if the accident arose out of ordinary negligence; however, you will be able to recover for any damages in excess of that. Importantly, this reduction in damages will not apply to a passenger of a vehicle.
These reductions do not apply in situations where (1) the adverse driver is charged with operating his or her vehicle while intoxicated and is either convicted or pleads no contest to the charge; (2) the accident was caused intentionally; (3) the adverse driver flees the scene of the accident; (4) the accident occurred while the other driver was committing a felony crime.
If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury lawyer or a New Orleans personal injury lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.
- Megan C. Kiefer is a partner and trial attorney at Kiefer & Kiefer, who specializes in accident and injury litigation.
This is being provided for informational purposes only and not for the purpose of providing legal advice.