Legal Question in Personal Injury in California
Auto accident liability
8 months agao I was in an auto accident and was later found at fault. I have full auto coverage 100/300/100. The other driver did not have insurance (and was given a ticket for that). My auto insurance adjuster said that in California, the other party cannot get the ''pain and suffereing'' money because they did not have auto insurance. Is this true? Can they other party still sue me for that?
3 Answers from Attorneys
Re: Auto accident liability
The other party can't sue you for pain and suffering under Prop 213 if they did not have proper liability coverage. But they still can claim medical bills, wage loss and property damage.
Re: Auto accident liability
The adjuster is right. If they sue you and attempt to recover pain and suffering, you'll have to assert, as a defense, that the plaintiff had no auto insurance and is precluded from recovery of "general damages."
Re: Auto accident liability
you won't be held liable for pain and suffering. if you have not already had one appointed, your insurance carrier will appoint an attorney to represent you in the lawsuit. my suggestion is simply that you don't worry about any of it. you should be fine.
call if you like and i will explain more, but you should have no worries.
Daniel J. King
LAW OFFICES OF DANIEL J. KING
Warner Center Plaza
21700 Oxnard Street, Suite 530
Woodland Hills, California 91367
(818) 587-9299
fax (818) 587-9292
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