Legal Question in Personal Injury in California

uninsured motorist hit by insured motorist
My wife (and 3 kids) were broadsided by an elderly woman who ran through a red light doing 40mph. I've been told that CA law says since we had no insurance we can't claim pain and suffering(according to State Farm-her insurance and another lawyer we spoke to).
Well my wife is in a lot of pain and my question is
if we sued State Farm would we have a leg to stand on? Is there a precedent case the we can refer to?

Asked on 6/02/03, 10:22 pm

4 Answers from Attorneys

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

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Re: uninsured motorist hit by insured motorist

Thank you for your inquiry.

In November 1996, Californian voters approved Proposition 213, which had been placed on the ballot through the initiative process. Proposition 213 established a policy that distinguishes between automobile accident victims who are legally operating their vehicles and those who are uninsured. Under Proposition 213, all automobile accident victims are entitled to pursue restitution from the responsible party for the economic damages(property damage, medical expenses, lost wages, etc.) that they suffered, but uninsured drivers cannot pursue restitution for non-economic damages, such as pain and suffering. Uninsured drivers are not permitted to pursue non-economic damages from the responsible party.

You cannot sue the other party's insurance for this, since you do not have an insurance contract with them, and California doesn't recognize third party liability. The insurance company only has a duty to their insured.

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.

Answered on 6/05/03, 1:17 pm

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Re: uninsured motorist hit by insured motorist

California law does prohibit the recovery of what are called "non-economic damages" such as pain and suffering. That does not mean that there is no recovery. The party at fault for causing the accident is liable for medical expenses, lost earnings and other "out of pocket" expenses.

Your wife MAY not be prohibited if she was not the owner or operator of the vehicle that was not insured. Additionally, your children, if they were injured, can recover for their medicals AS WELL AS for their pain and suffering, etc.

If you would like to talk about this case I would be happy to speak with you.

Sincerely,

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.donnerlaw.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

Answered on 6/04/03, 8:58 pm

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