Legal Question in Insurance Law in California

Uninsured motorist

Is a uninsured driver entitled to recover for damages caused by an insured driver?


Asked on 1/03/07, 2:58 pm

3 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Uninsured motorist

Yes. An uninsured driver can recover economic damages. This includes:

1. Damage to the car;

2. Loss of use of the car or rental expense;

3. Incurred medical bills;

4. Incurred lost wages;

5. Future medical bills that can be proven;

6. Future wage loss that can be proven.

You should note, however, some insurance companies will find you at fault for an accident just because you have no insurance. They then may pursue you. You can read more about this practice at my blog, www.calpiblog.com.

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Answered on 1/20/07, 11:29 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Uninsured motorist

Yes. An uninsured driver has the same rights as an insured driver except the right to damages for pain and suffering sustained while driving. He can still recover for medical bills, damage to his car, lost wages, etc.

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Answered on 1/16/07, 2:55 pm
Steven Lynes Lynes & Associates

Re: Uninsured motorist

Yes. You are entitled to recover all of your "economic" damages - meaning those damages with a particular dollar amount (e.g. property damage, lost income, medical costs, etc.). However, if you were not otherwise covered at the time of thea accident, you are generally barred from recovering "non-economic" or general" damages for pain and suffering. See CA Civil Code section 3333.4. If you have any other questions, please feel free to contact my office.

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Answered on 1/16/07, 5:08 pm


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