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?


Asked on 1/10/11, 3:59 pm

4 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

You will get hard costs, but nothing for pain and suffering. Proposition 213 prohibits it.

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Answered on 1/15/11, 4:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 1/15/11, 4:45 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 1/15/11, 5:24 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Yes!

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 .

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Answered on 1/16/11, 1:52 am


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