I was rear ended by a licensed motorist. His car and my car are both damaged. He was driving his girlfriends car which is insured. I however don't have insurance, and my license was suspended. What can I expect? Fyi- state of california
Under a 1996 law (created by proposition 213), in California, if you are injured in an automobile collision and you are the driver of a car, your damages may be limited, depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can't recover noneconomic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and noneconomic damages.
Based on the facts given the other driver was at fault because he rear-ended your vehicle. You can bring the claim for damage of your vehicle against the other driver's insurer. The fact you were driving without insurance is a separate issue. If you were injured you should seek an immediate consultation from a personal injury attorney in California. These consultations are usually free and you can be advised of all of your rights.
The State of California does not take kindly to drivers driving around without insurance, and as a penalty should such a driver get into an accident - even if not said driver's fault - said driver is not allowed to collect $$ for pain and suffering. The moral of the story? Don't drive without insurace. That said, the uninsired driver can collect for medical expenses and property damage to his or her smashed 'n crashed vehicle.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
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.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.
Agree with the attorneys. Under California Law/insurance law, you are entitled to recover your so-called “economic damages,” such as medical bills and lost wages. You are not, however, allowed to receive compensation for your “non-economic damages,” such as pain and suffering, inconvenience, physical impairment, disfigurement, and other “nonpecuniary” damages. The limitation does not apply, however, if the person who caused the accident was convicted of
driving under the influence. Also, you are entitled to sue for punitive damages where the facts indicate the person who hit you intended to do so, was driving under the influence, or was recklessly operating his or her vehicle without due regard for other motorists on the road, even though you have no insurance yourself.
California law requires that motorists have automobile insurance. The bare minimum insurance limits allowed by law are $15,000 per person per accident, to a total of $30,00 per accident (regardless of the number of persons injured and the total amount of their damages), and property damage coverage of at least $5,000.
As previously mentioned, assuming the other party's insurance admits liability, you can recover only for economic damages (such as medical costs and lost wages), but not for your pain and suffering. If, however, liability is disputed, your case becomes much more complicated and serious for you since you did not have insurance at the time of the accident. Either way, you need to speak with an attorney who can serve as your advocate and defend you if necessary. And, purchase auto insurance ASAP if you haven't already.
I live and work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is that you will be able to have your medical bills reimbursed and your property damage fixed. If you can't afford the upfront payments for medical attention from a doctor, we can likely find you someone that will help you out. Do you feel that you are at the same medical condition that you were before the accident??. As a basic premise I wouldn't handle your claim by yourself. Moreover, the at fault party might have more insurance policies that you don't know about! Moreover, the attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case and get you a rental.
You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around ! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body ; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Hayward area.
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