i was heading . bound when the 2 cars were in opposite lane going south when apparently one driver on cell phone not paying attention full speed not seeing the car in front signaled to turn hit car then went in a v form , when she hit car he came right into me i couldn't go right or left .. so i took the blow.. the driver that hit me later apologized for hitting me.. but now i'm hurt and car less?
If a person suffers harm because of the negligence of another, said victim needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).
When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney.
Wen someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.
Again, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
I just settled a case where my client was a motorcyclist without a license. If the lack of a license was not a factor in causing the collision, that should be fine.
With regard to the NO Insurance Issue, please read below:
Proposition 213 – In California, if you are injured in an automobile collision and you are the driver of a car, your damages may be limited, depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can't recover noneconomic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and noneconomic damages. The insurance companies lobbied for this law in 1996 (Prop 213) as part of a proposition designed to save them money by depriving people, injured through no fault of their own, of recovery because of their status as uninsured motorists.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Hopefully you have now obtained a license and insurance for any car that you will be driving.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Civil Code Section 3333.4 governs accidents involving uninsured drivers. Section 3333.4. (a) states "in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies . . . The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state [or] The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state."
So, if you do not have insurance, your right to recover damages is limited to expenses incurred or that shall be incurred.
There are few exceptions to the rule though. In the event your were "injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience,
physical impairment, disfigurement, and other nonpecuniary damages."
So, if the other driver was driving under the influence (felony conviction), then Civil Code Section 3333.4 will not bar your recovery to pain and suffering.
You should consult a California personal injury attorney at your earliest opporunity to discuss your potential rights.
I encourage you to speak with a personal injury attorney in your area immediately.
M. Todd Miller
Law Office of Todd Miller, LLC
1305 Southwest Blvd., Ste. A
Jefferson City, Missouri 65109
Phone: (573) 634-2838
Fax: (573) 634-7642
"Personal attention - Professional Results"
* This post and all others made on the internet are for informational purposes only. Nothing posted should be considered legal advice nor should any comments, answers, or other communications be suggested or assumed to create or constitute an attorney-client relationship. Accuracy of this information is sought but not guaranteed.
** the Law Office of Todd Miller, LLC is a general practice law firm.
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