Legal Question in Insurance Law in California

Not-at-fault accident, but no insurance

here is the situation: i was driving straight through a yellow. a woman on the opposite side of the road was going through the yellow as well, making a left. she turns right in front of me giving me no time to brake and we crash. my truck is totaled. And I have no insurance. It is clear that the other driver was at fault, but what happens now?


Asked on 11/17/06, 12:10 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Not-at-fault accident, but no insurance

If you have no insurance, you can recover the value of your car plus your medical bills and wage loss in addition to "loss of use" of your vehicle. However, the insurance company for the other driver is probably going to force you to file a lawsuit if you want to recover. Since you have no insurance, they know that they have you in a bad spot. You need to take an aggressive position with them. I have written about this and some of their tactics at my blog, www.calpiblog.com.

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Answered on 11/23/06, 4:15 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Not-at-fault accident, but no insurance

California law says that uninsured drivers cannot recover for pain and suffering that results from an accident regardless of who is at fault. Aside from this limitation, uninsured drivers have the same rights as those with insurance.

If the other driver is indeed at fault then she is responsible for your economic losses, including the value of your truck, the cost of any medical treatment you have received or will need in the future, etc.

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Answered on 11/22/06, 3:25 pm


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