Was rear ended, 100 % other drivers fault
You can still get economic damages such as property damage or loss of use loss of earnings medical bills etc. If you were truly uninsured and with no exception to Prop 213 then you cannot pain and suffering damages.
If you were injured call an attorney.
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Yes, you can, but you can only collect for the amount of your medical costs. Pain and suffering (or general damages) are not allowed. You might want to contact a local area Personal Injury attorney to talk to about the specifics of your accident. Best of luck.
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Yes. Any economic losses are still the other driver's responsibility. This would include any medical costs for your injuries, wages lost because of time away from work or repair costs to your vehicle. Keep in mind that if you missed work but still collected a full pay check due to using sick time or vacation hours, you still are entitled to compensation. The other driver will have to pay for the time you missed regardless of whether your benefits covered it.
The lack of insurance waives your right to non-economic damages. These are commonly referred to as pain and suffering.
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Agree with all the responses above. You can recover costs, but there are some limitations. You can use the "Find a Lawyer" tab to look for someone in your area. Many of us provide free consultations. Good luck!
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The lack of insurance has no bearing on liability. The loss facts are the loss facts. However, you may in fact receive a citation from the police for this gap in judgment, but it has no effect on who is at fault for a motor vehicle accident.
You can present a claim against the at-fault driver's insurance company. However, if you are injured, your state’s law will bar you from any type of "pain and suffering" claim (that is the penalty in your state for driving around without insurance in violation of the law). You can still present a claim for property damage, medical bills, lost wages related to any injury, and a rental vehicle. In addition, the exception to this statute regarding your ability to claim “pain and suffering” would be if the at-fault driver was cited with Driving Under the Influence, and you could also request the prosecution make restitution to you part of the other party’s criminal sentence.
Also, get insurance immediately so this does not occur again. In addition, if you do not have insurance and need to rent a vehicle (which, if liability can be proven on the other driver, his or her insurance company should provide or reimburse you for), you may find it difficult for any rental car company to rent to you unless you pay the rental companies exorbitant self-insurance rates.
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Yes. As a result of the automobile accident, did you suffer a bodily injury or bodily injuries?
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