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My name is Lance myself and my 2 children were recently rear ended on the freeway in a traffic area by a lady in her work truck

Oceanside, CA |

my car is registerd out of state with no insurance. I got photos of her lic. insurance paper and registration info (insurance papers expired) a least the one i have.

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Attorney answers 9

Posted

Question please.

Posted

Rear end collisions are almost always the fault of the driver in the rear. You would be entitled to only collect for your medical bills (assuming you were injured) and property damages but, not pain and suffering (as a "penalty" for not having insurance under prop. 213). Your children, however, assuming they were injured, would be entitled to medical expenses and pain and suffering as passengers in your vehicle. You need to get your insurance reinstated and obtain valid registration on your vehicle or you face potential criminal infractions. A personal injury attorney could trace the insurance coverage for the vehicle and open a claim with the driver's insurance or the carrier for her company.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

John Russell Sorensen

John Russell Sorensen

Posted

I agree with the comments made by attorney Sweat

Posted

Attorney Sweat gave you a good answer, and I would just urge you never to drive without insurance as you put yourself and others at serious risk.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

The other attorneys all gave you good info. My advice is as some have stated, don't drive without insurance. California law limits the recovery of drivers in accidents if they don't carry insurance. Fortunately this may not apply to your children. You need to consult with an attorney.

Posted

My law firm handles car accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . Our office gives free consultations over the phone 24 hours a day at 800-816-1529 x. 1.

No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.

Posted

The fact of the matter is that you need an experienced personal injury attorney to represent you in your case. To give you a more accurate estimate, I would need to review the details of your case and begin to track down the opposing parties information. I hope you found my answer helpful

Scott J Corwin
(310) 207-4030

Posted

When involved in a freeway speed motor vehicle collision with child passengers, the top and immediate priority is to get the children medical attention. If any adult driver or passenger has any pain or other symptoms, he or she should also seek immediate medical attention. In the meanwhile, the police should have been called to the scene to prepare a report. If the driver who is not at fault has no insurance, this is an issue which can limit the amount of compensation, but a local personal injury attorney can explain the details and who exactly is limited by the failure of the driver to obey insurance laws.

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen&Molinaro;, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a Lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... call (888)MDJDLAW." ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

Posted

If you or your children were injured, you should seek medical attention for your injuries.

You should contact an attorney who is experienced in handling personal injury matters. My office offers free consultations.

Melissa Johnson
The Spencer Law Firm
2727 Camino Del Rio South, Suite 140
San Diego, California 92108
619-233-1313

Posted

The other attorneys provided a good response in reference to you should always have a legal license and proper insurance. However, this does not take the fault of the other driver's negligence away from their actions. They will still be held responsible for the children's damages and medical. I suggest you make a consultation appointment to ensure the accident claim is handled properly.

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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