I was just rear ended by a drunk driver with no license, no registration and no insurance.

Asked about 1 year ago - Fresno, CA

I have uninsured motorists and just liability since it is and older car. My car is totaled, is this covered under my uninsured motorist insurance? The car is only worth $3000 but of course I owe money on it to the person I got it from.

Attorney answers (9)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You need to review the declaration page of your auto insurance policy. If you have property damage coverage under UM it will be listed. If you do not have it for property damage, the only way for you to recover is if you also have personal injuries and appropriate UM coverage. In that case, your UM personal injury coverage will pay for your personal injury damages – but not for damage to your vehicle.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Marc Lazarus

    Contributor Level 14

    9

    Lawyers agree

    Answered . If you have uninsured motorist property damage, then your insurance will cover your vehicle damage in this situation. If you do not, then it likely will not cover the vehicle damage.

    You can get a judgement against the other driver for the vehicle damage in small claims while you pursue the uninsured motorist bodily injury claim. Under Califirnia law, a judgement for damages arising from the operation of a vehicle must be paid or else the responsible vehicle operator as well as the vehicle owner can lose their license(s) until the judgement is paid. Also, damages arising from a drunk driving accident are generally not dischargeable in bankruptcy.

    We have dealt with this situation numerous times in the past.

    It sounds as though you have a significant case and could use the help of a good attorney. You should consult an attorney. Our office provides a free consultation. You can call us at (800)268-9228 or you can call any of the AVVO personal injury attorneys for a free consultation.

    Marc Lazarus
    www.russellandlazarus.com

  3. Scott Richard Kaufman

    Contributor Level 20

    9

    Lawyers agree

    Answered . Many years ago I had a cheap vehicle and one Sunday morning in LA i was blindsided by a hit and run driver. I was lucky enough to get help from the victims of violent crimes fund. I had no idea I qualified or that the fund existed. I'm sure with a Drunk involved you would qualify for help from this fund and I think these other attys if they have not posted about it or have not heard about it need to also know about for such an instance just like yours. I was turned down by quite a few firms b/c they could not make money from my pain, without an offer of help or direction and lucky enough to have a lady cop give me this excellent direction. Best of luck to you...

    http://www.CaLemons.com

  4. Andrew Daniel Myers

    Contributor Level 20

    10

    Lawyers agree

    Answered . After a serious accident it is extremely important to make sure you comply with all notice provisions that serve as conditions precedent to an uninsured claim under your own auto insurance policy. The companies typically do not make these claims easy, one of many reasons to retain an attorney who has been through this before. Here are more:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. George Costas Andriotis

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Consult a personal injury attorney to investigate the incident, coverage for the driver and to find out who the owner of the vehicle is should it be different from the driver. Your coverage will apply but your attorney will go after the at fault driver and/or vehicle owner's coverage first.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your declarations page of your policy should be reviewed by a local lawyer to ascertain what coverage you really have.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes. It should be covered by your uninsured/undersinsured provision of you insurance policy. Notify your own insurance company right away of this accident. I advise you to hire a personal injury lawyer to represent you because these types of claims are full of traps for the unwary. Best of luck.

    Si, éste tipo de accidente está cubierto por la provisión: sin seguro/bajo seguro de tu póliza de seguro automovilístico. Notifica inmediatamente a tu compañía de seguros de este accidente. Te aconsejo que contrates a un abogado de accidentes de choques de carros con experiencia en casos de choferes sin seguro y sin licencia. Buena suerte.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Christopher Steven Hoffmann

    Contributor Level 14

    4

    Lawyers agree

    Answered . If you are rear ended by another vehicle, that car is at fault for the accident and is liable for damages and injuries resulting. If the vehicle is uninsured, you have the option to submit under your own coverage assuming you have that coverage. If not, then the claimant is limited to a personal action against the defendant. Call a local attorney for the law of your state.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
  9. James Mitchell Hoffmann

    Contributor Level 12

    3

    Lawyers agree

    Answered . If rear ended by a drunk driver with no license, no registration or insurance, you are limited to a personal action against the driver. Call a local lawyer for your options.

    24 Hour Attorney Call Center (314) 361-4300 or visit us on the Web at http://www.hoffmannworkcomp.com
One or more answers have been taken down.

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

Get free answers from experienced attorneys.

 

Ask now

27,207 answers this week

2,832 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

27,207 answers this week

2,832 attorneys answering