Legal Question in Personal Injury in California

car accident

Okay, first let me start off with a quick description. In february, i was in a car accident with a passenger. I was the victim of the accident. Because I myself was not insured, i got into it with an attorney. the attorney got the driver-at-fault's insurance to pay for the car damage. My passenger and I also had damage. I came out with a damaged back and neck. I went to a doctor for 4 months until he said it was fine to end the treatments and close the case. I went back to my attorney so that they could close the case and they tell me that i cannot be compensated for my injuries. the attorney's secretary states that since the car was uninsured at the time of the accident, I am not entitled to settlement money. Insurance will pay for medical bills only. Now my question is...Is this true?? The passenger who was with me at the time of the accident is getting about $5,000 ; i however am not getting anything. It seems weird because I was more injured than the passenger. When i first met the attorney's paralegals, they mentioned getting compensated. Now they state that i can't get compensation. Are they lying or telling the truth? Someone please get back to me for i do not know the law. Thank you


Asked on 9/28/06, 4:46 am

3 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: car accident

If you were uninsured at the time of the accident, you are only entitled to recover for your "economic damages," ie your medical bills and wage loss. This is due to Prop 213, which California voters passed in the 1990s. You can read more about this at my blog, www.calpiblog.com

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Answered on 10/03/06, 6:21 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: car accident

Uninsured drivers may not recover damages for pain and suffering. In part this rule is supposed to give people an incentive to buy the legally-required insurance, though the law's primary aim was to save money for insurers.

This rule does not affect your passenger because she was not the one driving without insurance.

You can recover for your property damage, medical bills and other economic losses.

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Answered on 10/03/06, 6:50 pm
Terry A. Nelson Nelson & Lawless

Re: car accident

Uninsured driver = no recovery, except out of pocket meds, etc. That is the consequence of failing to obey the rules requiring insurance.

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Answered on 10/03/06, 8:28 pm


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