Legal Question in Personal Injury in California

I was uninsured but the car was legally parked

I was rear-ended while parked (engine off) waiting for a friend. It was the other driver's fault of which he has admitted. His insurance co. covered my car so far. To my surprise, I suffered a whiplash concusion from the accident and there are x-rays clearly showing the injury and doctor's report. My insurance is 5000.00 and I can not afford long term treatment and I'm still in alot of pain as well as other problems. The claim is still open and almost a year old. How do I to proceed for medical relief etc.? Where does the law stand on uninsured motorists who are legally parked at the time of the accident?


Asked on 6/03/03, 7:51 am

4 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: I was uninsured but the car was legally parked

Thank you for your inquiry.

As mentioned, the law may allow you to receive recovery based upon the unique facts of your case, even though you did not have insurance. The insurance company will likely challenge or fight you on this, and apparently you are approaching the one year statute of limitations, so I'd recommend getting an attorney.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 6/05/03, 1:26 pm
Terry A. Nelson Nelson & Lawless

Re: I was uninsured but the car was legally parked

You must file any injury lawsuit withing one year or lose your right to do so. Do so or get an attorney, quickly.

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Answered on 6/04/03, 8:58 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: I was uninsured but the car was legally parked

You should consult an attorney ASAP. You may be covered, as you were not operating a vehicle.

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Answered on 6/04/03, 9:10 pm
Joel Selik www.SelikLaw.com

Re: I was uninsured but the car was legally parked

Your lawyer should be able to get you treatment on a "lien" basis, meaning they will wait for payment until your case is resolved.

Joel Selik

www.SelikLaw.com

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Answered on 6/04/03, 11:09 pm


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