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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

  1. Best answer

    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.

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

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

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. For the repair, but not for pain & suffering.

  8. 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.

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