Legal Question in Insurance Law in California
rear-ended - no insurrance
My girlfriend and I were rear-ended when stopped for pedestians in
crosswalk. $5000+ damage to girlfriend's car. She was driving, I was
passenger. Neither one of us was insured (lapsed several months ago)
Both of us have pain, etc. Need to have car fixed and bills paid. Would
like to be compensated for pain and suffering (neck and back hurt!) and
lost wages. Also concerned about preserving girlfriend's drivers license.
Other party was insurred by AAA.
~thanks
4 Answers from Attorneys
Re: rear-ended - no insurrance
Yes, you can sue them. You may contact me.
Re: rear-ended - no insurrance
You can may be able to obtain compensation for pain and suffering, she may not. Their insurance should pay wage loss, medicals and property damage for all. YOU should get a lawyer
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Re: rear-ended - no insurrance
Your girlfriend is out of luck for pain and suffering. California law does not allow a driver, who is uninsured, to recover for pain and suffering (non-economic damages). The most she can recover is her medical bills and lost earnings. You are not as bad off and do have a claim against the other driver. See an attorney if you want to pursue that claim If your girlfriend was not at fault, but still not insured, she should see an attorney who specializes in DMV matters.
Re: rear-ended - no insurrance
I agree with Mr. Snyder's answer, but his list of the types of damages your girlfriend can recover was incomplete -- she can also recover for the damage to her car.
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