Legal Question in Insurance Law in California

Re: Can I sue for damages

The short answer is, yes, the driver can sue. However, if there was no insurance on the vehicle he was driving, his damages may be limited to "out of pocket" medical expenses and lost earnings.

The passengers, however, are not limited. They will be able to recover fully from the negligent party.

The passengers in particular as well as the driver should consult with an attorney as soon as possible. there are things that should be done to preserve their rights.

If they do not act in a timely manner, it is possible to lose all rights of recovery.

I would be happy to meet over the telephone (805) 494-6557 or in person with them.

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Re: Can I sue for damages

Dear Inquirer;

I have read the responses of the other lawyers. Each is correct in it own way. There is one other area of damage that the driver may be entitled to besides out of pocket expense. This is for his loss of consortium attendant to his wife's injuries. Since the voters approval of Prop 213 uninsured drivers have been severely limited. Loss of consortium was not specifically addressed nor has it been the subject of any court decisions. The most important thing is that an experienced attorney be contacted immediately. Accidents involving losses of the type described require attorneys with strong litigation and medical backgrounds asit will be necessary to prove that the loss of the pregnancy was due to the accident. While this may seem self evident, count on the defense to claim otherwise. I strongly recommend that you get a well reputed lawyer in your area and that you screen him or her wisely.

Wishing you the best. Feel free to call or e-mail if you have any more questions.

Neil C. Newson

Re: Can I sue for damages

The driver without insurance can only sue for loss of property and medical cost. However, the passengers can sue the other driver directly for all damages proximatly caused by the accident. If you are located in Southern California you may call me for a free telephone consultation at 818-342-8020