Legal Question in Personal Injury in California
I was involved in a car accident. The guy who hit me has insurance, but they denied the claim due to no coverage on the car he was driving. I didnt have insurance the day of the accident. Is he now financially responsible for my damages?
3 Answers from Attorneys
Yes, he is responsible for your special damages, meaning out of pocket damages such as damage to your car, medical bills and lost wages. He is not responsible for your pain and suffering because you were not insured at the time of the accident, except if he was guilty of DUI.
Since you did not have insurance when the accident occurred [ you would have been covered if you had not paid the premium but the policy had not yet been cancelled because the insurance company extended the payment date], by law you are limited to being able to collect from anyone only actual out of pocket expenses such as medical bills, wage loss, car damage. Find out why the other driver did not have coverage as many insurance policies follow the driver so any vehicle they drive, except for business purposes is insured. The owner of the vehicle, if they gave permission for the driver to drive the car is liable for up to the first $15,000 in damages. If the vehicle was being driven in the course of the person's business than the employer is probably liable. There may also be an issue of negligent entrustment. If your damages are more than a few thousand dollars you need to see an attorney who handles these types of cases; if it is worth less you may not be able to find an attorney who will help you.
My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.
My website is located at www.thepersonalinjury.com .