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

Asked about 1 year ago - Long Beach, CA

this is in California.

Attorney answers (6)

  1. Robert Bruce Kopelson

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

  2. Manuel Alzamora Juarez

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  3. Raymond Jacob Zolekhian

    Contributor Level 7

    7

    Lawyers agree

    Answered . 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... more
  4. Patrick John Phillips

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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.

    http://www.johnphillipslaw.com

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

  6. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com... more

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