Skip to main content

If I was rear ended while yeilding to make left hand turn and my car is totalled, can I make a claim if Im not insured?

Lancaster, CA |

Came to a stop, then yielded to on coming traffic before left turn. The car behind me didnt try to stop and plowed right into the back of my car. My car is unrepairable and I dont have insurance. Can I go after the other insurance company for damages?

Attorney Answers 8

Posted

Yes, you can make a claim for damages to your car and for your medical care and lost wages. However your lack of insurance probably deprives you of the right to make a claim for pain and suffering. There are exceptions to this rule so you should definitely talk to a lawyer in your area if you were injured.

Mark as helpful

1 found this helpful

8 lawyers agree

2 comments

Asker

Posted

What about storage costs?

David Lee Fiol

David Lee Fiol

Posted

I don't see why not. Any expense that naturally results from the accident should be recoverable. The only thing to remember is that you have a duty to "mitigate" your expenses, or in other words keep them to a minimum.

Posted

If the other party is determined to be wholly at-fault, yes.

This is NOT legal advice. No attorney-client relationship exists.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Yes--but, your recovery will be limited to only economic damages, as a result of Proposition 213. So, you can't get non-economic damages, i.e., pain & suffering.

Mark as helpful

1 found this helpful

8 lawyers agree

3 comments

Asker

Posted

Thank you. Does it help that I have the police report that deams the other party at fault. The report says they were going estimated speed of 45 mph when I got hit.

Malosack Berjis

Malosack Berjis

Posted

Absolutely. You should consider consulting with a local personal injury attorney.

Asker

Posted

Do they help people with no insurance.

Posted

Yes, you are entitled to recover for your property damage and reasonable and necessary medical treatment. However, you will not be able to recover for pain and suffering. What you have is called a "Prop 213" case. If you were injured you should speak with a personal injury even though you were not insured.

The link below explains in greater detail.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

You can go after economic damages, such as past and future medical bills, but you are not entitled to non-economic damages due to prop. 213. If you have a resident relative who was insured at the time of the accident however, you may still be entitled to non-economic damages. Seek advice from an attorney.

Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

If the other driver is at fault, you can get compensation for property damage only. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Mark as helpful

1 found this helpful

6 lawyers agree

1 comment

Matthew C Simon

Matthew C Simon

Posted

As my colleagues above stated, economic damages only (i.e. lost wages and medical bills, etc.). Not pain and suffering.

Posted

For the repair, but not for pain & suffering.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Yes you can make a claim. However under Civil Code 3333.3 your damages are limited to out of pocket expenses only (no pain and suffering) due to your non-insured status. There are some very limited exceptions - none of which you describe in your facts.

Mark as helpful

7 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics