Legal Question in Insurance Law in California

My rights being uninsured when hit by an insured car.

I've recently had my license revoked for a few traffic FTA's. I've been unemployed for 2 months so I have no auto insurance either. Well a few days ago my wife, 4 month old daughter and I were traveling @ 35 mph in our Toyota car, when a Chevy truck turned in front of us. He is insured and admits 100% fault, and there was not an accident report or officer involved. I didn't say that I was uninsured, but my car is a total loss ($3000+} to repair. What are my options for compensation vs. staying quiet and losing my wifes car? Will the insurance co. notify the DMV?


Asked on 1/16/02, 4:08 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: My rights being uninsured when hit by an insured car.

You will be prohibited from recovering damages for YOUR pain and suffering pursuant to Civil Code 3333.4 [Prop. 213], Unless the other driver was drunk.

However, you are entitled to recover the loss to your vehicle, in this case the fair market value of your car. Also, every occupant of your vehicle is entitled to recover their medical expenses, included future medical expenses.

The passengers in your car are also entitle to recover for their pain and suffering and your wife may recover for the loss of consortium, if any.

I hope it helps.

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Answered on 1/18/02, 6:44 pm


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