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.
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.
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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.
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.
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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
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
980 Montecito Drive, Suite 206
Corona, CA 92879
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."
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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.
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.
The Spencer Law Firm
2727 Camino Del Rio South, Suite 140
San Diego, California 92108
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.
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