Legal Question in Personal Injury in California

Re: Not at fault auto accidents

The confusion here is in your question. If the car was covered by liability coverage, meaning the owner of the vehicle had liability coverage, you are covered in the accident and can recover for your pain and suffering from the negligent party. If, however, the owner of the vehicle had coverage to repair the vehicle only, i.e. collision coverage, you can only recover for your out of pocket injuries, i.e. loss of earnings and medical bills, and the cost to repair of replace the vehicle assuming it was your vehicle.

Re: Not at fault auto accidents

I am in receipt of your message.

As long as either the car or the driver has liability insurance on the date of the accident, you are in compliance with the law (Proposition 213). The primary insurance is what covers the car itself. We would first look to the policy where the vehicle you were driving is listed. If there is no such insurance, your own insurance coverage on your own personal auto would then become secondary.

If there was a valid policy covering the vehicle at the time of your accident and you were driving someone else's car with the owner's permission, you would be in compliance with the law. The statement by your attorney that not having your own personal insurance is a problem is not correct. In my opinion, you would still be entitled to pain and suffering and it would seem to me to be improper for your license to be suspended solely upon these facts.

Is your attorney experienced and specialized in personal injury? You may need a second opinion and correct any problems with the DMV. If you are in the Orange County area, I would be glad to go over your case with you and review all pertinent insurance documentation.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW

10101 SLATER AVENUE, #218,

FOUNTAIN VALLEY, CA 92708

TELEPHONE: 714- 963-5123 FAX: 714- 964-9993

E-MAIL ADDRESS: [email protected]

WEB ADDRESS: WWW.EAGLELAW007.COM

Re: Not at fault auto accidents

If you are in California, that is absolutely correct.

Re: Not at fault auto accidents

That may be correct. However, if the insurance on the car covered you, then you can collect damages as you were insured.