Legal Question in Insurance Law in California

Auto Accident

I was involved in a automobile accident just a few days ago, my car was rear ended and is a total loss and I was injured, I just bought this car two weeks ago the dealer toll me I had 30 days to get insurance, I got another vehicle this one has insurance

and wanted to add this one to the policy, but unfortunately this accident happenned!,I got a ticket for no insurance,

I called the insurance Co. they toll me they will pay for the damages and medical bills, but no for pain and suffering because of proposition 213, I called my broker and ask him about a SR-22 so my license is not suspended, he toll me I didn't need one as I was insured in my other vehicle, He suggested me to report the accident any way to my current insurance, even know I was not driving that car, the adjuster also toll me that maybe I could get help from my insurance, to validate my claim,

My question is do I have a claim for pain and suffering? and if one of your lawyers maybe interested in the case,

Thank you for any help


Asked on 7/21/06, 3:34 am

4 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Auto Accident

You may or may not be insured. Generally, if you have ALL of your cars insured with one insurance company and you buy a new car, the new car is insured for a specific period of time. However, this is not true in every case. In some instances, your policy will NOT provide coverage for a "newly acquired vehicle." You need to read your policy and see.

I have discussed this issue in some detail at my blog, www.calpiblog.com

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Answered on 7/28/06, 12:26 pm
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Auto Accident

Ok. I hope this is right - you had one vehicle that was insured and you bought a second vehicle? If that is correct, you likey were insured under the policy of your first vehicle. That would defeat the Prop 213 issue and you will be able to collect general damages. I need to see the policies involved to know for sure. If you would like to talk about this further, give me a call.

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Answered on 7/27/06, 3:27 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Auto Accident

TO DEFEAT PROPOSITION 213, YOU NEED TO HAVE VALID AND UNEXPIRED LIABILITY INSURANCE ON YOUR FIRST VEHICLE AT THE TIME OF THE ACCIDENT. THE LIABLITY OF YOUR FIRST VEHICLE CAN BE EXTENDED TO THE NEW CAR ONLY IF YOUR LIABLITY INSURANCE ON THE FIRST VEHICLE WAS VALID. IF YOU NEED FURTHER ASSISTANC, CALL ME AT 213.388.7070 FOR FREE CONSULTATION.

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Answered on 7/27/06, 3:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Auto Accident

For purposes of pain and suffering, what matters is whether *you* were insured at the time of the accident and not whether your insurance covered damage to the car.

Your question is unclear about what type of coverage you had and when. If you were uninsured at the time of the accident then you cannot recover damages for your pain and suffering. Buying insurance later will not retroactively make you eligible for such damages.

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Answered on 7/27/06, 4:56 pm


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