I live in California, my car was rear ended on highway 71. i was not the driver ( my brother was, he took the car without asking for my permission). My car had no insurance at t the time of accident, and damages exceeded $500, The CHP came to the scene but did not take a report because no one was seriously injured. The insurance appraisal said the car is to be totalled. My brother next day had delayed injuries due to the hit. Insurance has agreed to pay the medical bills, but says we cannot get a pain and suffering settlement. Due to the fact that my insurance had lapsed a couple of hours. Is this fightable?
