No Pay/No Play Laws

States require automobile liability insurance for everyone in an effort to keep premiums affordable. Eleven states have enacted No Pay/No Play Laws which will prohibit those who do not carry insurance from recovering compensation in the event of an accident.

This chart is current as of the date I wrote it, but adjusters should be familiar with their state’s rules. I cannot guarantee the accuracy of the list. Because laws and regulations can change without notice, an attorney should be contacted if there are any questions regarding this chart. These materials are provided for informational and educational purposes only and do not constitute legal advice or legal opinions because I am not an attorney.

STATE
NO PAY NO PLAY
STATUTE
Alabama
NO
N/A
Alaska
YES
Alaska Stat. § 09.65.320
Arizona
NO
N/A
Arkansas
N/A
N/A
California
YES
Cal. Civ. Proc. Code § 3333.4
Colorado
NO
N/A
Connecticut
NO
N/A
Delaware
NO
N/A
District of Columbia
NO
N/A
Florida
NO
N/A
Georgia
NO
N/A
Hawaii
NO
N/A
Idaho
NO
N/A
Illinois
NO
N/A
Indiana
YES
I.C. § 27-7-5.1; I.C. § 34-30-29.2
Iowa
YES
I.C.A. § 613.20
Kansas
YES
K.S.A. § 40-3130
Kentucky
NO
N/A
Louisiana
YES
Progressive Sec. Ins. v. Foster, 711 So.2d 675 (La. 1998). L.S.A.-R.S. § 32:866
Maine
NO
N/A
Maryland
NO
N/A
Massachusetts
NO
N/A
Michigan
YES
M.C.L.A. § 500.3135(2)(c)
Minnesota
NO
N/A
Mississippi
NO
N/A
Missouri
YES
Mo. Rev. Stat. § 303.390
Montana
NO
N/A
Nebraska
NO
N/A
Nevada
NO
N/A
New Hampshire
NO
N/A
New Jersey
YES
Caviglia v. Royal Tours of America, 842 A.2d 125 (Sup. Ct. of N.J. 2004). N.J.S.A. § 39:6A-4.5
New Mexico
NO
N/A
New York
NO
N/A
North Carolina
NO
N/A
North Dakota
YES
N.D.C.C. § 26.1-41-20
Ohio
NO
N/A
Oklahoma
NO
N/A
Oregon
YES
O.R.S. § 31.715
Pennsylvania
NO
N/A
Rhode Island
NO
N/A
South Carolina
NO
N/A
South Dakota
NO
N/A
Tennessee
NO
N/A
Texas
NO
N/A
Utah
NO
N/A
Vermont
NO
N/A
Virginia
NO
N/A
Washington
NO
N/A
West Virginia
NO
N/A
Wisconsin
NO
N/A
Wyoming
NO
N/A

Alabama

To date, Alabama has not instituted the "No Pay, No Play Law".

Alaska

Alaska implemented the "No Pay, No Play Law" in 2004 which states that an uninsured driver who suffered personal injury or death may not recover non-economic damages (e.g., pain and suffering, loss of consortium, emotional distress, or punitive damages.) However, this can be overridden if the at-fault party was under the influence, drove recklessly, acted with intent, or fled the scene of the accident.

Arizona

To date, Arizona has not instituted the "No Pay, No Play Law".

Arkansas

To date, Arkansas has not instituted the "No Pay, No Play Law".
 

California  

California’s “no-pay no play” law (Proposition 213), does not allow an uninsured driver from collecting compensation for noneconomic damages suffered due to the negligence of other drivers. However, if the uninsured driver was injured by another driver who is under influence and was found guilty of that offense, then the uninsured driver may recover noneconomic losses.

Colorado  

To date, Colorado has not instituted the "No Pay, No Play Law".

Connecticut

To date, Connecticut has not instituted the "No Pay, No Play Law".

Delaware

To date, Delaware has not instituted the "No Pay, No Play Law".

District of Columbia

 

Florida 

To date, Florida has not instituted the "No Pay, No Play Law".

Georgia 

To date, Georgia has not instituted the "No Pay, No Play Law".

 

Hawaii

To date, Hawaii has not instituted the "No Pay, No Play Law".

Idaho

To date, Idaho has not instituted the "No Pay, No Play Law".

Illinois

To date, Illinois has not instituted the "No Pay, No Play Law".

 

Indiana

Indiana’s "No Pay, No Play Law", provides that an uninsured motorist with a previous violation at the time of the motor vehicle accident may not recover non-economic damages from the at-fault motorist or his insurer. “Previous violation” means 1. involved in an accident and for which financial responsibility is not in established as required by I.C. § 9-25-4; 2. if 5 years prior, the person was required to provide proof of future financial responsibility under I.C. § 9- 25-8-6(b).

Iowa

Iowa’s law on "No Pay, No Play” does not restrict a driver's ability to sue simply for driving uninsured. However, if the injured person was convicted of a felony occurring at the time of the accident, he is not allowed to recover noneconomic damages such as disability, emotional distress, disfigurement, and pain and suffering.

Kansas

Implemented in May 2011, the Kansas "No Pay, No Play" statute (also known as SB 136) provides that an uninsured person at the time of the accident may recover economic damages, like property damage and medical bills. However, he is not entitled to non-economic damages, like pain and suffering. An exception to the rule is that: if the person is uninsured for fewer than 45 days at the time of the accident, and had car insurance continually for one year, the uninsured may be able to recover both economic and non-economic damages.

Kentucky

To date, Kentucky has not instituted the "No Pay, No Play Law".

 

Louisiana

Uninsured drivers in Louisiana are unable to recover non-economic damages for the first $15,000 of bodily injury property damage and for the first $25,000 in property damage. However, these limitations do not apply if, at the time of the accident, the at-fault driver was under influence, acted intentionally, or fled the scene of the accident. In addition, the insurer has subrogation rights for claims paid under the applicable insurance policy for the recovery of any sums in excess of the first $15,000 of bodily injury and the first $25,000 of property damages.

Maine

To date, Maine has not instituted the "No Pay, No Play Law".

Maryland

To date, Maryland has not instituted the "No Pay, No Play Law".

 

Massachusetts

To date, Massachusetts has not instituted the "No Pay, No Play Law".

Michigan

Michigan's "No-Pay, No-Play law" is straightforward. The non-fault party cannot reimburse damages if they are uninsured at the time of the incident.

Minnesota

To date, Minnesota has not instituted the "No Pay, No Play Law".

Mississippi

To date, Mississippi has not instituted the "No Pay, No Play Law".

Missouri

Under its "No Pay, No Play Law", an uninsured driver in Missouri cannot reimburse damages both economic and non-economic; unless the at-fault party was proven driving under the influence at the time of the accident.

Montana

To date, Montana has not instituted the "No Pay, No Play Law".

Nebraska

To date, Nebraska has not instituted the "No Pay, No Play Law".

Nevada

To date, Nevada has not instituted the "No Pay, No Play Law".

 

New Hampshire

To date, New Hampshire has not instituted the "No Pay, No Play Law".

New Jersey

In New Jersey’s "No-Pay, No-Play” law, a driver is barred from economic and non-economic compensation if he is driving uninsured, driving under the influence, or driving with intent to hurt himself or others.

New Mexico

To date, New Mexico has not instituted the "No Pay, No Play Law".

New York

To date, New York has not instituted the "No Pay, No Play Law".

North Carolina

To date, North Carolina has not instituted the "No Pay, No Play Law".

North Dakota

In North Dakota’s “No Pay, No Play Law", if a driver has at least one previous conviction of driving without insurance, he loses the ability to claim for non-economic damages after an accident.

Ohio

To date, Ohio has not instituted the "No Pay, No Play Law".

Oklahoma 

Oklahoma used to enforce the "No Pay, No Play Law" but in In 2014, Oklahoma Supreme Court found the “No-Pay, No-Play” statute 47 O.S. § 7-116 violating the state constitution because it only targeted a specific group of uninsured motorists and prevented them from recovering certain non-economic damages without considering who was at fault. See Montgomery v. Potter, 341 P.3d 660, 2014 OK 118.

Oregon

Oregon’s No-Pay, No-Play law only allows an uninsured driver to recover non-economic damages if the at-fault insured driver is proven to be driving recklessly, acting intentionally, or was committing a felony at the time of the accident

Pennsylvania

To date, Pennsylvania has not instituted the "No Pay, No Play Law".
 

Rhode Island

To date, Rhode Island has not instituted the "No Pay, No Play Law".

South Carolina

To date, South Carolina has not instituted the "No Pay, No Play Law".

South Dakota 

To date, South Dakota has not instituted the "No Pay, No Play Law".

 

Tennessee

To date, Tennessee has not instituted the "No Pay, No Play Law".

Texas

To date, Texas has not instituted the "No Pay, No Play Law".

Utah

To date, Utah has not instituted the "No Pay, No Play Law".

Vermont

To date, Vermont has not instituted the "No Pay, No Play Law".
 

Virginia

To date, Virginia has not instituted the "No Pay, No Play Law".

Washington

To date, Washington has not instituted the "No Pay, No Play Law".

  

West Virginia 

To date, West Virginia has not instituted the "No Pay, No Play Law".

Wisconsin

To date, Wisconsin has not instituted the "No Pay, No Play Law".

Wyoming

To date, Wyoming has not instituted the "No Pay, No Play Law".