Legal Question in Civil Litigation in California

You are mistaken. Your brother's insurance covers anyone driving his car for liability, but if you were not at fault you don't have any liability. The other driver's insurance company is lying to you. Fault is not determined by whether or not you have insurance. The only thing insurance affects is that if you are uninsured you can't collect pain and suffering damages. But even that rule only applies if you own a car and do not have your own insurance. If you don't own a car and only occasionally drive other people's cars, even that rule does not apply. Only if you are required by law to have insurance because you either own a car or use a family member's car so much that you were required to be put on their policy and were not, does the pain and suffering limitation apply.

Whether you were at fault has nothing to do with whether you had insurance. So yes, you can sue the other driver -- or at least threaten to sue, which should be enough to get his insurance company to the bargaining table.

As Mr. McCormick notes, depending upon the facts, your lack of insurance might prevent you from recovering damages for pain and suffering. But even if it does, you will still be able to recover for medical bills and other out-of-pocket costs.

You should get a lawyer to help you if at all possible.

Good luck.

YOU ARE COVERED BY YOUR BROTHER'S INSURANCE COVERAGE. FEEL FREE TO CALL ME AT 213.388.7070 FOR A FREE CONSULTATION.