Legal Question in Personal Injury in California
If I brought a car a day prior to an accident, am I entitled to pain & suffering if I had no auto insurance from the other parties insurance company?
2 Answers from Attorneys
If you bought a car, and you drove it without first getting an insurance binder, you were uninsured and no, you aren't entitled to "pain and suffering" damages.
if you were uninsured then you lose the right to non-economic or general damages which include pain, suffering, mental distress, inconvenience, worry, etc. You may be covered for the first 30 days after you buy a new car if you have insurance on another car in effect at the time you buy the new car. Therefore, if you had insurance when you bought the car you were automatically covered for 30 days after you bought the car. The insurance of the person who sells a car never covers the buyer. It is your responsibility not to be in control of a vehicle unless you are insured. That means that even sitting in the driver's seat and turning on the engine on a public highway requires you to be insured, licensed and sober, even if you do not move even an inch because that legally means you are "driving".