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.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
You will be able to claim medical expenses and property damage only. You will not be able to claim pain and suffering. You may be going to court for driving without a license. If so, you should retain a criminal defense attorney. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
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You will be able to recover your medical, lost wages and out of pocket cost. You will not recover for pain and suffering. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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
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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.
*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)
You will be entitled to recover your economic damages only, i.e., property damage, medical bills, lost wages. If the matter is reported to the DMV you may have your license suspended.
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.
Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
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.
All responses are provided for informational purposes only and should not be construed as legal advice or considered as the basis for an attorney-client relationship. Laura Mismas is only authorized to practice law in the State of California. Readers should not act upon information provided by Laura Mismas and should consult with an attorney regarding all matters herein. An attorney-client relationship with Laura Mismas is only initiated by entering into a written retainer agreement.