Legal Question in Personal Injury in California
If I had a lapse in coverage on my insurance and I was rearended on the freeway with my two kids in the back and myself and husband in front...Is the other party still responsible to pay for damages to my car and also bodily injuries to myself and family?
4 Answers from Attorneys
You will get hard costs, but nothing for pain and suffering. Proposition 213 prohibits it.
More accurately, YOU won't get anything except for property damage and medical bills (which means lawyers won't take your case). Proposition 213 might not apply to your husband and kids. After they get all necessary medical attention, they should consult a lawyer. Watch out for legal time limits.
I agree with Mr. Stone. Your lapsed insurance has nothing to do with who was at fault. If the other driver was at fault, you will still be able to recover from her and her insurer just as you otherwise would, except that you won't be elligible for damages for pain and suffering. Your family members should still be elligible for such damages.
Good luck.
Yes!
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