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

Asked 12 months ago - 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. Mariam Mary Margaryan

    Contributor Level 15

    10

    Lawyers agree

    Answered . 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... more
  2. Alex Joseph Tramontano

    Contributor Level 9

    8

    Lawyers agree

    Answered . 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... more
  3. Michael Shemtoub

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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... more
  4. Scott Michael Leavitt

    Contributor Level 6

    6

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

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

  6. David Ian Schoen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It could.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,059 answers this week

2,665 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,059 answers this week

2,665 attorneys answering