Q: Legal options for car accident injuries when insurance lapsed
My vehicle was struck by another vehicle on March 13, 2023; the other driver was at fault and received traffic citations. The accident totaled the car and injured two passengers with facial injuries and a broken hip. My mother’s insurance lapsed on March 9, 2023, and the responsible party’s insurance is refusing coverage. What legal options do I have to pursue compensation for the damages and injuries?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Louisiana
- (985) 243-1638
- View Profile
- Answered
A: Unfortunately, if the crash occurred in March 2023, the matter is prescribed - meaning your claim is lost. If the date you entered is wrong and the crash occurred recently in March 2025 - you may have options. Even though the insurance on your vehicle was lapsed and the claim may be subject to Louisiana's No Pay, No Play law, depending on a number of facts and the amount of damages, you may be able to file a claim. I would suggest reaching out to a lawyer right away to discuss the specific facts of this in more detail.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In this situation, the first step would be to investigate whether the other driver’s insurance can still be held liable. Since the other driver was at fault and received traffic citations, they may still be responsible for the damages and injuries. If their insurance refuses to cover, you may need to pursue a claim directly against the at-fault driver.
Next, you can explore whether there is any other insurance coverage that could apply, such as uninsured or underinsured motorist coverage. Even if your mother’s insurance lapsed, it might be possible to pursue the claim through your own insurance if you have this type of coverage.
If insurance coverage remains an issue, you may want to consider taking legal action against the at-fault driver. This could involve filing a lawsuit to recover damages for medical bills, pain and suffering, and property damage. It's important to consult with a personal injury attorney to explore the best way to move forward and ensure you pursue all available avenues for compensation.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
