Legal Question in Personal Injury in California

Last week I got into a car accident. I was at a red light and someone slammed into the back of me; there also was a chain reaction where I hit the person in front of me. My auto insurance was lapsed for about 12 hours, and I found out my insurance won't back me up. Although the accident was not my fault. My vehicle has several thousand dollars worth of damages, my back and neck are injured, I have medical bills...what rights do I have?


Asked on 10/08/11, 10:09 pm

4 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You are entitled to be compensated for medical treatment, compensation for your pain and suffering loss of wages and property damages. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/08/11, 10:59 pm
Arkady Itkin Law Office of Arkady Itkin

Hello.

Ironically, this is not an uncommon situation and many accidents happen during even the short period of time that the drivers allow their insurance to lapse.

If the other driver was insured, you are entitled to be compensated for the damage to your vehicle and your medical expenses. Under proposition 213, however, you are not entitled to be compensated for any pain and suffering because you were not insured. If the other driver who hit you was also not insured, then there might be no coverage for your losses at all.

Thanks,

Arkady Itkin

San Francisco Accident Injury Lawyer

http://www.sanfranciscoaccidentinjurylawyer.com

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Answered on 10/08/11, 11:26 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

If you have no insurance, you are subject to prop. 213, and can only recover special damages.

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 10/09/11, 2:38 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Itkin and Mr. Fernandez. I disagree with Mr. Moheban to the extent he says you can recover for pain and suffering. As the others have explained, Proposition 213 says uninsured drivers may not recover such damages.

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Answered on 10/09/11, 2:27 pm


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