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If I was in accident not my fault but I was uninsured, could a jury still award pain and suffering?

Long Beach, CA |

this is in California.

Attorney Answers 6


Not in California. That's why you should get insurance so you aren't SOL next time.

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If you are a passenger, yes. If you are the driver, typically no unless the driver who hit you was driving under the influence.

This is not intended to be legal advice. No attorney-client relationship is formed. You should contact an attorney for further information.

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If you were the owner or driver, you cant collect general damages, non economic such as pain and suffering, if you didnt comply with financial responsibility laws. If the deft was convicted of driving under the influence, then you can collect such damages.

The ins industry got the public to pass Prop 213 years ago, and that is how we got this law.

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You are not entitled to pain and suffering due to Prop 213. However, you may be entitled to pain and suffering if the defendant is convicted of DIU. There are other issues which you must discuss with a PI lawyer. 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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If you were the driver (which I assume since you indicate the accident wasn't your fault), Prop 213 will preclude you from collecting pain and suffering damages for any injuries "arising out of the use of" your motor-vehicle.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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I work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is you are entitled to pain and suffering if you are a passanger, but not if you are the driver. Regardless, I've handled lots of uninsured motorist cases and know that I can help you out. You are also entitled to your medical bills being covered as well. You should be filing a claim, but you should do it through an attorney. Whenever someone makes a claim against an insurance company the insurance company usually gives you a very difficult time. I've seen insurance companies lie to their own insured before. Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case.

You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! There is no upfront cost to hire an attorney.

With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Long Beach, CA area.

Its very possible that your case is worth more than the $$$ that they will offer you by yourself. Call an attorney today, you won't regret it.

We all give free consultations! Make your life easier and hire a lawyer.

Direct Line to Attorney: 877-427-2752 or Email:; Website: 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

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