Legal Question in Insurance Law in California

rear-ended - no insurrance

My girlfriend and I were rear-ended when stopped for pedestians in

crosswalk. $5000+ damage to girlfriend's car. She was driving, I was

passenger. Neither one of us was insured (lapsed several months ago)

Both of us have pain, etc. Need to have car fixed and bills paid. Would

like to be compensated for pain and suffering (neck and back hurt!) and

lost wages. Also concerned about preserving girlfriend's drivers license.

Other party was insurred by AAA.

~thanks


Asked on 8/22/04, 12:49 pm

4 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: rear-ended - no insurrance

Yes, you can sue them. You may contact me.

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Answered on 8/30/04, 10:09 pm
Joel Selik www.SelikLaw.com

Re: rear-ended - no insurrance

You can may be able to obtain compensation for pain and suffering, she may not. Their insurance should pay wage loss, medicals and property damage for all. YOU should get a lawyer

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Answered on 8/30/04, 3:10 pm
Barry Snyder Snyder Law

Re: rear-ended - no insurrance

Your girlfriend is out of luck for pain and suffering. California law does not allow a driver, who is uninsured, to recover for pain and suffering (non-economic damages). The most she can recover is her medical bills and lost earnings. You are not as bad off and do have a claim against the other driver. See an attorney if you want to pursue that claim If your girlfriend was not at fault, but still not insured, she should see an attorney who specializes in DMV matters.

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Answered on 8/30/04, 3:16 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: rear-ended - no insurrance

I agree with Mr. Snyder's answer, but his list of the types of damages your girlfriend can recover was incomplete -- she can also recover for the damage to her car.

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Answered on 8/30/04, 3:21 pm


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