a friend borrowed my car i just got. it was giving to me only 3 days prior to the accident caused by the other driver who admitted road rage and was cited for wreckless driving.
is there any way for him to collect for his pain and suffering. the other driver went around him
into on coming traffic and rammed into him 5 times . there was a cliff on the other side of my car. my friend was injured in his upper back and feared he was being forced off the road and would go the down the cliff. i did not have insurance yet and my friend did not know that. is there any way to get paid for his pain and suffering.
Typically he would not, but he should talk to an attorney to see if there might be coverage somewhere.
Maybe the old owner didn't cancel the insurance, maybe your friend has coverage somewhere else
Any questions, just ask.
Sounds like your friend needs to contact an attorney immediately. Did you have insurance on another vehicle at the time you purchased the new vehicle? If so, some insurance companies automatically cover a new vehicle for a period of time.
There are several things to explore here. Consult directly with a personal injury attorney.
Good question. I would schedule a free consultation with a local and experienced personal injury attorney as soon as possible to go over your options.
Unfortunately, unless the at-fault driver is convicted of driving under the influence and/or your friend can find some insurance that would have covered him at the time of the accident (i.e. his own insurance, possibly a roommate's insurance, the previous owner's insurance if it was not yet canceled) then he will only be eligible for his economic damages. Economic damages would include, among other things, reasonable and necessary medical bills and loss of earnings.
Here's the actual statute:
California Vehicle Code 3333.4
(a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).
(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
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