Legal Question in Civil Litigation in California

Recoverable Damages under Civil Code Section 3333.4

Can a passenger in a vehicle driven by an uninsured motorist claim non-economic damages against a public entity, where the public entity was found clearly to be at fault.


Asked on 5/24/02, 4:53 pm

2 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed

Re: Recoverable Damages under Civil Code Section 3333.4

Yes, provided that the passenger is not an owner of the vehicle (which may likely include spouses that are not listed on title).

And, remember: if you are suing a public entity, you have 6 months from the date of the incident to file a government claim.

If you are seeking representation, I offer a free consultation. I am located in the North San Fernando Valley.

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Answered on 5/24/02, 5:53 pm

Re: Recoverable Damages under Civil Code Section 3333.4

You say "the public entity was found clearly to be at fault." I'm assuming you are referring to the police report, which may or may not be admissible at trial.

In any event, please be aware that there are special "claims statutes" governing lawsuits against public entities. You need to make a claim within a VERY STRICT TIME PERIOD, and well before the usual 1-year statute of limitations for personal injury. If you do not make a timely claim, you will lose your right to sue the entity.

I would recommend you immediately consult a trial attorney for guidance.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

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Answered on 5/24/02, 6:08 pm


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