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I was ran off the road by someone and damaged my car but I didn't have insurance is the person liable to pay for damages

Baton Rouge, LA |

I have damage to the right side of my car and its not driveable there was no damage to the other person car but I wasn't at fault

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Attorney answers 4


With those facts, I would say yes.


If other party is at fault they are liable for your auto damages even if you do not have insurance - However, that is based on California law where I practice - you need to consult a LA attorney to make sure. Hopefully a local attorney will respond to your question.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


Submit the claim to his insurance carrier


Louisiana drivers are required by law to carry liability insurance. The penalty for not carrying insurance is the driver is precluded from recovering the first 15,000 of his property damages and the first 15,000 of his personal injuries. So even if the other driver is totally at fault recovery for the initial portion of damages can be a major problem. This is called the "no pay no play" law.

However it's not uncommon to find a person did indeed have insurance coverage even if they think they did not. There are strict requirements for cancellation of insurance policies and it's not uncommon for us to find a policy wasn't properly cancelled even if the person knows they stopped paying and thinks they no longer had insurance.

Best advice is to consult an experienced area attorney to look into these issues for you. Typically there is no charge for a consultation.

This Reply which is intended to be helpful to the Avvo Community, does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney as soon as possible to protect whatever rights you may have.

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