Legal Question in Personal Injury in California
My insurance lapsed for about 16 hours, and I was hit from behind while at a red light. I am seeing a doctor for my injuries, and my car has about $ 3, 000.00 worth of damages. The driver who hit me had insurance and was working at the time. Do I have any rights?
3 Answers from Attorneys
Because you were not covered by insurance the time of the accident you cannot recover pain and suffering against the other driver. But, you can still be reimbursed for your property damage, medical bills and lost wages.
You can be paid only the medical bills and wage loss reasonably related to the accident and the cost of repairing the car or the value of the car (whichever is less). You cannot receive compensation for your pain, suffering, emotional distress or anxiety suffered. Your license may be suspended by the DMV for not having liability insurance.
Insurance has to be cancelled the right way, don't be quick to assume your policy wasn't in force, bring your cancellation notices to an attorney.
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