Legal Question in Insurance Law in California
I am becoming a whipping post
I was rear ended in front of school crosswalk, four kids were crossing. Police report cites other driver at fault.
I did not have insurance at time of accident, the driver who hit us did. We were all injured. My doctor said it will take months before I heal. My children are entitled to pain and suffering, me as an uninsured driver am not.
I have insurance now and would have on that day if I had not been hit.
Hypothetically, if I were pulled over by the police for running a stop sign, and I had a showed my current registration and driver's license, I would receive a ticket for no insurance to which I would have the opportunity to go home, purchase insurance, take it as proof to the court and get my fine drastically reduced perhaps to a slap on the wrist.
If the legal system is forgiving how can insurance companies when their clients are completely at fault be allowed 100% release of responsibility to pain and suffering? They are not even willing to pay for the rental car they authorized while I wait for the check to replace my car.
I had an active and full life before, and now my life is filled with doctor appointments and no transportation. I should not be financially and physically set back because of her negligence. SOS
5 Answers from Attorneys
Re: I am becoming a whipping post
The insurance companies somehow got this passed by the voters, and it was upheld by the courts.
Re: I am becoming a whipping post
The insurance companies used their large profits to get California voters to vote for this bad idea. While it is wrong, you should know that in your example of the ticket, you would not be able to clear it up by purchasing insurance immediately after. Your policy would not start until 1201am the next day. In other words, your proof of insurance would be dated the day after your ticket.
As for your accident, you should consult an attorney. Just because you are a casualty of Prop 213, does not mean people will not take your case. You can contact my office for a free consultation.
Re: I am becoming a whipping post
I agree that this rule is more than a bit harsh, but it isn't as arbitrary as you seem to believe. Before the law was enacted California had a serious problem with uninsured drivers injuring other people and being unable to compensate them. The new rule is an incentive for people to make sure they have insurance. A lesser penalty would probably have the same effect, but the premise makes sense.
Granted, the rule was enacted at the behest of insurers who wanted an excuse not to pay some of the damages they had been forced to pay in the past; theoretically this resulted in lower premiums since it reduced the insurer's expenses, but the insurance companies are the main beneficiaries.
Re: I am becoming a whipping post
P.S. I hope you have by now retained an attorney in your area to handle your kids' accident claim. The attorney you retain should be able to help you get rental car reimbursement
Re: I am becoming a whipping post
Make sure you go to an attorney who is experienced in personal injury cases. Your injuries overlap with those of your children, and perhaps certain of their damage claims could be expanded to include your "lost services" as a mother.
Prop. 213 is the law, and has been for some time, and you don't appear to have any excuse for not being insured. If you do, then perhaps there is a way out of the situtation.
But all other damages besides pain and suffering - such as economic (financial) losses are still recoverable. If the defendant's insurer falsely agreed to pay for a rental car, it is liable for fraud the same as any other party who misrepresents something. So go and see a lawyer.
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