Rear Ended Without Insurance

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? - Is this your question? Add additional information
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Answers (1)

Kenneth Evan Chyten

Kenneth Evan Chyten Avvo Pro

Contributor Level 6
As you had no insurance at the time of the accident, I assume you are inquiring about a recovery from the insurer of the other driver.

Assuming the other driver was at fault, and if he or she rear-ended you that is probable, you are entiltled to be compensated for the damage to your car, and your brother is entitled to be compensated for his personal injuries, including medical bills, as well as his pain and suffering.

I would strongly urge you to consult immediately with a litigator skilled in this area of the law.

PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
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