Legal Question in Personal Injury in California

auto accident

I was hit by a woman turning left on highway 29 in Lake County California and I didn't have insurance at the time. My question is if the accident was her fault will her insurance company still responsible for covering the damage to my car?


Asked on 12/03/07, 1:26 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: auto accident

Yes!

Regardless of your insurance, or lack of it, if one driver is at fault, and the other isn't, the at fault driver's insurance is responsible for injury and property damage.

You still must report it to DMV, and you are likely to get a hefty ticket for lack of insurance.

Please call, or e-mail my office, if you need more help.

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Answered on 12/03/07, 11:51 pm
George Shers Law Offices of Georges H. Shers

Re: auto accident

Fortunately it appears you were not injured in the accident; the failure to have liability insurance coverage prevents yo from collecting so called "general" damages such as pain and suffering and restricts you to "specials" which are out of pocket losses such as property damage, loss of income, medical bills. About 20% of the cars in California are driven by people without insurance. You should try to raise the money to get insurance; the DMV is not supposed to issue you a license without your proving proof of insurance. When you d get the insurance, also get uninsured motorist coverage to be protected against those one -in-five and consider underinsured coverage [your own insurance company pays you up to a certain maximum if the the driver who was at fault does not have enough coverage to cover your damages]. Check with the insurance carriers as to what the increase in your rates would be; it should be only a few hundred dollars or less.

If you have more questions, contact a competent attorney such as Mr. Bennett.

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Answered on 12/04/07, 11:02 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: auto accident

Yes. The fact you did not have insurance only precludes you from being compensated for your pain and suffering. Out of pocket damages are still compensible.

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Answered on 12/04/07, 1:09 pm


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