Other driver was 100% at fault.
Of course. If the other party has insurance, most of us on AVVO will take the case. You should call any one of us for a free consultation ASAP.
I have taken cases like that and I know many others who have as well. Call around.
My responses on this website do not constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship. Please do not message or phone me for additional advice as the discussions would be outside this forum and would not be visible to the public (the exception being for serious prospective clients).
Yes, but you will only be entitled to out of pocket expenses such as meds, loss of wages, future meds, future loss of wages, etc. You should consult with one of us asap. We cannot contact you directly.
Beware of Attorneys on here with perfect reviews. No one is perfect and if it looks too good to be true, it most likely is. No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.
Many will, if the other driver was insured.
Nothing herein guarantees, warranties, or predicts the result of any future legal representation. No attorney-client relationship is formed without the consent of the Law Offices of Todd Rash expressed in a written retainer agreement. Some of the answers here on Avvo may include questions that the attorneys hope you will answer by messaging them directly to them in hopes of establishing a relationship with you that will result in you hiring them. State law and Avvo rules prohibit attorneys from soliciting potential clients for business.
What really matters is whether or not the at-fault party has insurance.
The lack of insurance on your part has no real 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.
If you were not at fault, you can present a claim against the at-fault driver's insurance company.
However, if you are injured, California 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.
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.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
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