NO PAY‑NO PLAY

 We are routinely asked what No Pay‑No Play means in the context of an auto accident claim.  Simply put it means that a party involved in an auto accident who does not carry the statutory mandated coverages($15,000/$30,000/$25,000) forfeits the right to compensation for the first $15/000 of personal injury and $25,000 of property damage.

Louisiana law (LSA‑R.S. 32:866)  requires that liability insurance be carried on all vehicles operated in this state.  The intent of the Legislature in passing this law was to give added incentive to vehicle owners to obey the law and carry the required insurance.  It was thought that the penalty of forfeiting the first $15,000 of personal injury and $25,000 property coverage would bring more owners into compliance with the law. This is perhaps why it was named The Omnibus Premium Reduction Act of 1997. Whether this  lofty goal has succeeded or not is open to debate.  Whether premiums have gone down or not we leave you to determine.  What it has done however is offer a windfall in such cases to the insurance industry.

In an ordinary accident scenario the party at fault through his or her insurance carrier pays the damages to the party not at fault.  In a No Pay‑No Play situation the insurance company gets to keep its money which it would have had to pay out had the Defendant been insured.  This is a good deal for the insurance company without a doubt.

As in most of the law, there are exceptions.  If the party causing the accident is convicted or pleads nolo contendere to DUI, intentionally causes the accident, flees the accident scene, or is engaged in a felony offense, then No Pay‑No Play does not apply, This does not prevent a passenger from asserting a claim unless the passenger is also an owner (like a husband and wife).

The bottom line is you must carry the required insurance and certainly Uninsured/Underinsured coverage as well.  Don't be a victim twice.  If someone causes you damages in an auto accident you have your own coverage to rely upon in the event they are uninsured or do not have enough insurance to cover your damages. We recommend limits of 100/300 for  Uninsured/Underinsured coverage as well as Medical Payments Coverage with limits  of at least $25,000.00.

 

Specializing in Auto Accident, Personal Injury, Legal Malpractice, Criminal and Family Law cases in the Greater New Orleans area.

COLLATERAL SOURCE RULE CASES:

Hoffman v. 21st Century:

Collateral source rule promoted tort deterrence and accident prevention.

Cutsinger v. Redfern:

uninsured motorists carrier is allowed to reduce its payments to plaintiff by the amount of workers compensation benefits received.

Bozeman v. State:

Under the collateral source rule, plaintiffs damages did not include the amount that health care providers wrote off when accepting medicaid payment in full

Wimberly Law  Firm

985-626-4419

LEGAL MALPRACTICE


Everyday most attorneys work diligently for their clients.  Unfortunately, some do not.  If you have suffered damages from  improper legal representation you have rights under Louisiana law to seek compensation.

When an attorney in Louisiana agrees to take on a case that attorney represents to his client and the court that he or she has the experience, knowledge, and resources necessary to successfully litigate that case.  If, in the course of the handling of the matter, the attorney does not possess and utilize the skills necessary legal malpractice may have occurred.

The legal system in our state has deadlines within which claims must be brought.  For most accident cases this deadline is one year from the date of the accident with certain exceptions.  The majority of legal malpractice claims arise out of an attorney missing the filing deadline.  When this happens the claim is deemed to have prescribed, i.e., it cannot be brought in a court of law and the damaged person has no claims left against the party who damaged him.  However, a new claim arises wherein the injured party can bring a claim against the attorney who missed the deadline.  This claim must be brought within one year with certain exceptions.

Some legal malpractice claims arise out of missing deadlines to file certain matters in a pending court case.  When this happens the party whose attorney missed the deadline may be precluded from putting on certain evidence which is is crucial to winning the case.

Other claims arise out of the attorney failing to do what other competent attorneys would ordinarily do in preparing a case.  For instance the attorney may not hire an expert who is necessary to proving liability, fault, or damages.  Lack of such an expert can ruin an otherwise solid case.

Some lawyers engage in representing too many parties in the same litigation.  When a conflict arises between parties one attorney cannot represent the parties who are at odds.  This is malpractice.

If you believe you have been the victim of your lawyer’s improper handling of our case, please give us a call.  We will be happy to meet with you free of charge to advise you of your rights and we will represent you against that attorney if the facts warrant it.  Let us put our over fifty years of litigation experience to work for you.