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A Look at Indiana’s “No Pay, No Play” Law

Indiana is one of 11 states with a “No Pay, No Play” law that prohibits certain uninsured drivers from receiving financial compensation and other privileges for damages they incurred following an automobile crash.

The damages drivers may not receive compensation for include:

  • Pain and suffering
  • Physical impairment
  • Mental anguish
  • Emotional distress
  • Loss of consortium
  • Any other nonpecuniary loss

In other words, if a driver neglects to pay for car insurance and has a previous violation of avoiding this financial responsibility, they may end up paying BIG in other ways—even if they weren’t at fault for the accident.

 

Why was the “No Pay, No Play” law put into place?

The ‘No Pay, No Play’ law was established to stop habitual rule-breakers and discourage uninsured driving by limiting privileges awarded to drivers who don’t comply with state law.

 

 Is Indiana’s “No Pay, No Play” law the same as the laws in place in other states?

No. In Indiana, the state law says that the individual in the crash must not only be uninsured at the time of the accident at-hand, but also must have had a prior violation of the law. A prior violation includes:

  • An individual who was involved in an accident without insurance, AND
  • In the five years preceding the accident, must have been required to provide proof of retaining an insurance policy

 

Are there any exceptions to this law?

Yes, there are three instances where the ‘No Pay, No Play’ law does not apply:

  1. If a driver is under 18 years of age and has a previous uninsured violation
  2. If a person other than the driver incurs damages (i.e. a passenger)
  3. If the accident is intentional

 

I was injured in a wreck but don’t have insurance. Can I still file a claim?

Yes, the law does not prohibit uninsured drivers from filing insurance claims, it just makes it a little more difficult to receive any sort of compensation for damages that occurred as a result.

 

What if I have car insurance on MY car, but I’m driving another person’s car who doesn’t have car insurance. What happens if I’m in an accident?

If you’re driving a car that’s other than yours at the time of an accident, you’ll still be covered by your insurance as you’ve proven to be compliant with the law.

 

How many uninsured drivers do you think there are on the road?

The national average of uninsured drivers varies depending on the location, but it tends to hover around 14 percent.

So what’s the big takeaway from Indiana’s ‘No Pay, No Play’ law? Don’t get behind the wheel without proof of financial responsibility. Whether you suffer minor scrapes and bruises, or significant injuries as a result of a car crash—it could end up costing you a lot more under the ‘No Pay, No Play’ law to get yourself better, than it would to simply purchase an insurance plan. If you’ve been injured in an accident, have questions about Indiana’s law, or simply want to know more about how Tandy Law Firm can help you, contact us at 317-669-0655 today.

You know you should stay at the scene of the accident, but what else should be done at the time of the crash and in the days and weeks following?

Download our free worksheet and keep it in your glovebox so you will be prepared in the event of an accident.