Legal Question in Personal Injury in California
Ca. prop 213 extent and exceptions.
Under prop 213 may i still collect pain & suffering if my policy was fraudulently cancelled by agent without my knowledge? My agent is 1st cousin to my Ex- he cancelled my policy even though it was prepaid. Insurance company takes full liability responsibility but says since my policy was not effective i can only collect on damages to my car and medical bills.May I still collect under prop 213 for pain and suffering if unknowingly I was driving without insurance? I have receipts, bank statements, checks to prove I paid-in-full so I assumed my policy is in force.
3 Answers from Attorneys
Re: Ca. prop 213 extent and exceptions.
I agree with my colleagues, and go a step further. No insurance company will even consider this. Your only hope is to sue agent, and pray he/she has a few bucks.
Re: Ca. prop 213 extent and exceptions.
I doubt it, you would probably have to sue the agent for fraud and use proof of your pain and suffering as part of your damage claim.
Re: Ca. prop 213 extent and exceptions.
In theory, you should be able to get your pain and suffering in that scenario, but I'm not aware of any similar case having gone up on appeal, so it's not for sure. Certainly, you won't convince an insurance company to pay p&s in settlement! You'll have to take it to trial, win a verdict, and convince the judge to allow p&s, then deal with the inevitable appeal.
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