involved in a car accident not at fault not insured

Go the police department and get the accident report. Be prepared to be ticketed for no insurance. You can still sue for the property damages, but usually you don't need to the other persons insurance (hopefully they carried some) will still be on the hook for property damages and medical bills you just can't collect pain and suffering.

Good luck with the situation.

Matthew Williamson

In California, if you do not have valid liability in effect at the time of your collision, you will be limited to recovering only economic damages, which include medical expenses, past and future, and lost earnings, past and future. You will not be able to recover any general damages, which include pain and suffering, inconvenience, emotional distress, etc. (again this is assuming you have not met the financial responsibility laws in California).

Because you apparently were not at fault for the collision, you should immediately contact an attorney to discuss your rights. The attorney should be able to quickly obtain a copy of the police report once it is ready. If the other driver has insurance, this information will be contained on the police report.” A bodily injury claim can be made with the at fault party’s insurance company for your medical expenses, and any lost earning you have reasonably incurred as a result of your injuries from the collision.

You should continue to get needed medical care without any gaps or discontinuation of treatment, as gaps in treatment will be used against you by the adverse insurance carrier to claim that you were not truly hurt.

You should contact a personal injury attorney in your area and see whether or not the attorney is in a position to undertake your representation. In the interim, you should not give any statement to the adverse insurance carrier nor give them access to your medical records. Take photographs of your damaged vehicle and the adverse vehicle if it is available. You also should take photographs of any injuries such as bruising, cuts abrasions etc., as these photographs can be helpful evidence in prosecuting your claim.

You also will find it helpful to review the Legal Guides I have published on Avvo.com, many of which deal with the situations you are now facing after this collision.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

If this accident was not your fault and your were injured, give me a call for a free consultation tomorrow at 800-816-1529 ext. 1.

Norm