Legal Question in Insurance Law in California

Semi side-swiped my bmw. in CA.

I was driving down a street in San Deigo CA, and then a large semi with trailer made a u turn across lanes infront of me. I swerved--name removed--avoid him and stoped in the right hand lane. My car did not have enough room--name removed--get by. He backed up a bit, and then prceeded--name removed--side-swipe my front side fender. Then He took off. I chased him down, and then we blamed eachother for the wreck. I called my insurance agent, and was informed my insurance had expired more than a moth ago. If He hit me, and I have proof, does his insurance need--name removed--pay me, even if I was uninsured at the moment of the sideswipe? I promptly got on the phone and payed my monthly insurance, and am now current. No police report was taken, because SD police do not do them unless injuries occure.

Can someone help me with this question?


Asked on 3/13/07, 2:03 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Semi side-swiped my bmw. in CA.

If the truck driver is at fault, then he, his employer or their insurer should pay for the damage to your car. Driving without insurance made you ineligible for damages for pain and suffering, but those are not the type of damages you are seeking. Your lack of insurance has no effect on your right to recover for the damage to your car.

Good luck.

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Answered on 3/21/07, 8:50 pm
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: Semi side-swiped my bmw. in CA.

Even if you were uninsured at the time, you can recover for "economic damages" which includes property damage sustained. So, make the claim against the semi's insurer.

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Answered on 3/22/07, 10:52 am


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