Other party @100% fault in California do I fall under prop 213 if I had no insurance but legally sold the car?

Asked over 1 year ago - Orange, CA

Late August I have decided not to renew my insurance because my maturity date on my loan was coming up on 9/20. I was preparing to sell my vehicle because during the five year period I was granted several extensions which differed a total amount of $6500. Total payoff as of 9/17/2012 was $7200 included late fees. I sold the car as of 9/17/2012 agreed upon $10500 with third party. The check was written out to my financial company in which I was instructed that once they received the check they would minus my payoff and send the title to me with the remainder . the buyer and I agreed upon that once I received title back from the financial that then I would release the vehicle with title to buyer. The condition is written under the bill of sale and release of liab dated 9/17/2012 continue>>>

Additional information

As of 9/19/2012 I was involved in a accident in a shopping mall where the other party is at fault. I made a claim already and the other parties insurance company which is some truck exchange company claimed 100% liability. In addition to the property damage in which they paid already my medical bills are coming out to 7500 and a loss of income to 8000. So far injury consists of a herniated disk and my injury will not improve so they will consider me to be perm disabled. I do understand that they will pay for any economic bills but as for trying to collect on non economic injuries would I fall under prop 213 with my current situation.

Attorney answers (9)

  1. Marc Lazarus

    Contributor Level 14

    16

    Lawyers agree

    Answered . If the vehicle is uninsured at the time of the collision regardless of it being owner by you or a third party, then you likely will be a 213. There are a couple of exceptions to the rule. See Califirnia Civil Code Section 3333.4. You should speak to an attomey to discuss in further detail whether your case falls under prop 213 or not before making any decisions in your case.

    Marc Lazarus
    www.russellandlazarus.com

  2. Stephen Allen Jamieson

    Contributor Level 3

    15

    Lawyers agree

    Answered . Prop 213 prevents recovery by the injured party for emotional distress pain and suffering damages. It does not prevent suing for economic damages like loss of earnings, medical costs, or property damage.

    Disclaimer The information on this site is not, nor is it intended to be, legal advice. Please contact us to... more
  3. Reginald Perez Mason

    Contributor Level 10

    13

    Lawyers agree

    Answered . I concur with previous counsels' comments.

    Mason & Associates
    8200 Wilshire Blvd. Suite 200
    Beverly Hills, CA 90211
    877-288-6230 O
    323-944-0413 F

  4. Timothy Leo Bowden

    Contributor Level 14

    13

    Lawyers agree

    Answered . A California attorney here can answer all your questions.

    Tim

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Don't play lawyer...retain one.

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

    Pro

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered . An owner or driver is reqd to have liability insurance. If you had no insurance personally, did the car? Did the buyer have insurance in force before you gave him the car? If so, you are ok. You will need to get proof from him that the car was covered. Hopefully he will be cooperative. If he hadnt added the car to his policy yet, he has a small number of days to notify his company that he has a newly acquired car. He may have ins as he was buying this as a second car, or maybe he was buying this one and then was going to sell his current car. It may only be 10-15 days from date of purchase to formally add it to coverage. Need to check his policy. If he didnt have any insurance yet, you are out of luck. Lesson is never cancel insurance until you have notified the dmv of transfer of the vehicle.

  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . i do not understand your question? Were you driving the car that you had already sold? Were you driving another uninsured car? Not addressing any other concerns but just the lack of prop 213, you are not entitled to recover for pain and suffering. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It... more
  8. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . I agree with Attorney Lassen. You should not attempt to settle this on your own. I would be glad to discuss this case with you. I do offer free consultations.
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    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

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  9. Scott J. Corwin

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . Are the agreements you specified authenticated in writing? The short answer is that you need to consult with a local attorney to review all the details of your case.

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