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I don't have car insurance and got rear ended, do I still have ANY rights? and am I going to face legal repercussion?

Anaheim, CA |

The other party's insurance already contacted me and accepted responsibility. I am now waiting for the damage inspection and seeing what happens next. I have been told that they are going to cover my damages, but I am unsure if me not having insurance is going to lead to a citation? Or even worse, a license suspension or criminal charge?

Attorney Answers 7


  1. Citation is possible, but unlikely if it hasn't already happened. They will cover your property damage and medical bills. Were you injured?

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. You run the risk of having your driver’s license suspended and will likley have to payfines for a no insurance violation and to have your license reinstated. See Vehicle Code, Section 16029 or www.dmv.ca.gov for further info. Even though you did not have insurance, you are entitled to recover for the property damage to your car, your injuries and lost wages. You will be precluded from recovering damages for emotional distress/pain and suffering. Good luck.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.


  3. It could.


  4. I agree with my colleagues on the criminal and administrative repercussion issue. If you were not issued a citation at the time, it is highly unlikely the state will do anything.

    As far as your right to recovery, if you are uninsured and involved in an accident in California, under proposition 213, you may recover your economic damages (property damage, lost wages, medical bills, etc.) but not non-economic damages (pain and suffering).

    You may want to consult a personal injury attorney if you were injured to evaluate liability. If you think there will be a claim or lawsuit filed against you, be sure to put your insurance carrier on notice of the accident and potential lawsuit. For example, although its a rear-end accident, braking suddenly and without reason could provide a basis for your liability. A personal injury attorney will be able to evaluate the case, however, don't be surprised if your case is not very appealing as you cannot recover for non-economic damages.

    This should not be considered legal advice or a consultation creating any form of attorney-client relationship, a formal review of all the facts and laws applicable to your specific situation is required.


  5. You can get everything but pain & suffering. Get insurance!


  6. Yes, you still have rights. California law requires that drivers be insured. California Civil Code 3333.4 was established to limit the damages that an uninsured driver can recover in California. You ARE entitled to recover your out of pocket expenses such as damage to the car, rental, tow and medical. If you have not been cited so far, it is unlikely that you will be in the future.

    The insurance company will use the fact that you were not insured to try to force you into a cheap settlement. The insurance company will bank on intimidating you and that you will eventually give up and take what they decide to give you. Take care to read all estimates carefully and to seek out your own property damage estimator to make sure that you are being treated fairly.

    Depending on the damages, you can go to Small Claims Court (cap of $7,500 recovery).

    You should talk to a lawyer, usually a free consultation, to see how best to proceed.

    Good Luck!

    This is not intended as legal advice and should not be construed as such. No attorney-client relationship exists between the reader and the writer. As with almost all legal matters, you should consult a lawyer before deciding to take action or deciding to refrain from action.


  7. Yes, you still have rights. Get a lawyer to make a claim for your medical bills and out of pocket expenses and to recover for your car repairs. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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