Legal Question in Personal Injury in California
Auto accident in brothers car not my fault
I was involved in an auto accident and car was registered to brother and the other car was 100% at fault and police report states it. I showed police proof of ins. at scene. Brother states months later he is not sure if insurance had lapsed. Will the other insurance co. check for coverage on myself or car before settling a claim?
1 Answer from Attorneys
Re: Auto accident in brothers car not my fault
If the insurance lapsed, you could fall under Prop. 213. This, however, only limits recovery of non-economic damages, what is commonly called pain and suffering. The insurance company will still be responsible for paying for the damage to the car and your medical bills. If you have your own insurance, that would help you avoid this issue.
If the insurance has lapsed, be careful. At my blog, www.calpiblog.com, I have discussed some of the issues that you face when you are uninsured, including some of the tactics of the insurance companies.
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