Legal Question in Personal Injury in California

Auto Accident-Other driver at fault--Neither had insurance

Please let me know what I can do or if there's anything I can do to receive compensation for our accident. The Police report states the other party was at fault but neither of us had insurance what can we do?


Asked on 9/23/04, 4:54 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Auto Accident-Other driver at fault--Neither had insurance

You can ask the other driver to pay and sue her if she refuses. Because you had no insurance you are not entitled to recover for pain and suffering, but you can still recover for damage to your car, medical expenses, lost wages, etc.

The problem is that most uninsured drivers don't have much money, and getting a judgment against someone like that won't do you much good. It will be hard to find a lawyer willing to take such a case on a contingency basis because he won't have any reason to expect payment for hsi services.

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Answered on 9/24/04, 2:54 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Auto Accident-Other driver at fault--Neither had insurance

You need to contact the other driver, advise him/her of your injuries, property damage (whatever claims you have), send him documents/proof of your losses and see if he'll pay you. If not, you'd have to take him to small claims court.

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Answered on 9/24/04, 4:36 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Auto Accident-Other driver at fault--Neither had insurance

Even without insurance, you can still sue. You are just precluded from recovering certain types of damages. Damage to your car, lost wages, and medical expenses are still recoverable.

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Answered on 9/23/04, 7:42 pm


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