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Can I recover damages if I am not at fault for an accident but I do not have car insurance?

Oct 27, 2021

Can I recover damages if I am not at fault for an accident but I do not have car insurance?
Can I recover damages if I am not at fault for an accident but I do not have car insurance?

Yes. You can recover damages without having valid car insurance. However, you will not be entitled to the first $15,000 in bodily injury damages and the first $25,000 in property damage as a result of your accident. La. R.S. 32:866.

EXAMPLE 1: If your bodily injury damages are valued at $30,000 and you did not have valid car insurance at the time of your accident, you will only be entitled to $15,000 for your bodily injury claim ($30,000 - $15,000 = $15,000).

EXAMPLE 2: If your property damage was worth $10,000 and you did not have valid car insurance at the time of your accident, your property damage claim would be void as the damage do not exceed $25,000.

An exception to this rule exists if your uninsured vehicle was not being operated at the time of the accident. (i.e.: it was parked).

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