Legal Question in Personal Injury in California
Auto Accident, No Insurance
I was recently involved in an auto accident. The other person was at fault however, I was without insurance. Only a Loss Damage Waiver was on my vehicle. I am suffering from a neck and back injury. What should I do? Am I entitled to any compensation?
3 Answers from Attorneys
Re: Auto Accident, No Insurance
You are entitled to your medical bills, wage loss and property damage. You can't claim anything for pain and suffering unless the other driver was drunk. If you have health ins, use it for your care. Unfortunately, most attys won't take soft tissue cases when there's no insurance. Get the police report (if there is one)and establish a claim with the other driver's ins. co. AND GET INSURANCE!!!!
Re: Auto Accident, No Insurance
You are entitled to receive special damages, or out of pocket losses only, because of California Proposition 213 which limits what uninsured motorist can receive in the event of an accident. Special Damages are property damage, medical bills, loss of wages, and other out of pocket damages related to the same. It may be difficult to get an attorney to represent you on a contigency basis in this case because of your lack of insurance. I am sure you already know that.
Re: Auto Accident, No Insurance
The first thing you should do is go to a chiropractor. Your health is of primary importance. Next, talk to a lawyer. If the other driver was at fault, you should be able to collect damages for your car and actual (and reasonable) medical expenses -- but no money for pain and suffering because you didn't have insurance.
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